MahaREAT Dismisses Homebuyer's Plea for Delayed Appeal Filing
Maharashtra Real Estate Appellate Tribunal dismisses homebuyer's application for condonation of 298-day delay in filing appeal
MahareatHomebuyerDelayed AppealCondonationReal Estate Regulatory AuthorityReal Estate MaharashtraSep 15, 2024
The Tribunal, comprising SS Shinde (Chairperson) and Dr. K. Shivaji (Technical Member), observed that the homebuyer had claimed to have received the order dated October 27, 2021, only on January 14, 2022. However, the Tribunal found that this was not an ex-parte order, and the homebuyer was represented throughout the proceedings, including on the date of the final hearing.
The Tribunal also noted that there was no change in the advocate representing the homebuyer when filing the appeal. Thus, the Tribunal held that the homebuyer's claim of a 79-day delay in becoming aware of the order was not convincing.
The homebuyer had argued that the delay was due to uncertainty about whether to challenge the Authority's order, as they found it nearly impossible to deal with builders who had collected substantial amounts of money. Additionally, after the Authority dismissed the complaint on technical grounds, the homebuyer attempted to resolve the dispute amicably with the builders, which contributed to the delay in filing the appeal.
However, the Tribunal observed that the homebuyer did not provide any documentary evidence to support their claims, such as communications, meeting dates, or minutes of settlement meetings. Therefore, the Tribunal dismissed the condonation application of the homebuyer, stating that they were casual, careless, and not vigilant about their rights in filing the appeal on time.
The case in question is Mr. Hyder Esmailjee Lakdawala & anr Versus Sankalp Developers & Projects Consultant & others, with the citation being MISC. APPLICATION NO. 345 OF 2023 (Delay) in Appeal NO. AT0060000000144241 OF 2023.
In this case, the homebuyer had filed an appeal challenging the Authority's order dated October 27, 2021, which had dismissed the complaint after finding no merit in the case. The appeal was filed before the Tribunal with a delay of 298 days, on January 6, 2023.
As per Section 44(2) of the Real Estate (Regulation and Development) Act, 2016, the homebuyer had 60 days from the date of receiving a copy of the order to file an appeal before the Tribunal.
The Tribunal's decision highlights the importance of being vigilant and proactive in filing appeals within the stipulated timeframe, as delays can lead to the dismissal of the appeal.
Frequently Asked Questions
What is the timeframe for filing an appeal before the Tribunal?
As per Section 44(2) of the Real Estate (Regulation and Development) Act, 2016, the homebuyer has 60 days from the date of receiving a copy of the order to file an appeal before the Tribunal.
What was the reason for the homebuyer's delay in filing the appeal?
The homebuyer argued that the delay was due to uncertainty about whether to challenge the Authority's order, as they found it nearly impossible to deal with builders who had collected substantial amounts of money.
What was the Tribunal's decision on the homebuyer's application for condonation of delay?
The Tribunal dismissed the condonation application of the homebuyer, stating that they were casual, careless, and not vigilant about their rights in filing the appeal on time.
What is the importance of being vigilant and proactive in filing appeals?
The Tribunal's decision highlights the importance of being vigilant and proactive in filing appeals within the stipulated timeframe, as delays can lead to the dismissal of the appeal.
What is the citation of the case in question?
The citation of the case is MISC. APPLICATION NO. 345 OF 2023 (Delay) in Appeal NO. AT0060000000144241 OF 2023.
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