MahaRERA Tribunal Refuses to Adjudicate Homebuyer's Appeal Due to Ongoing Injunction
The Maharashtra Real Estate Appellate Tribunal (Tribunal) has refused to adjudicate a homebuyer's appeal concerning the registration of a real estate project due to an ongoing injunction issued by the Pune Civil Court.
MahareraReal Estate Appellate TribunalRera Act2016HomebuyersBuilderInjunctionPune Civil CourtReal Estate PuneMay 27, 2024
The Tribunal's decision came after the homebuyers filed an appeal challenging the MahaRERA order dated 29.04.2022, which held the builder not liable under Section 59 of the RERA Act, 2016.
The builder had undertaken the development of land in Kalyaninagar, Yerwada, Pune between 2000 and 2006, and had handed over possession of the flats to 79 home buyers. However, Wing A of the project remained incomplete when the RERA Act, 2016 came into effect, and the builder submitted a revised plan without the consent of the home buyers.
The homebuyers filed a complaint seeking an order directing the builder to register the project with MahaRERA and imposing a heavy penalty for non-compliance with the mandatory provisions of the RERA Act, 2016.
The builder contended that they had obtained commencement certificates, but had never advertised, marketed, offered for sale, or invited persons to purchase the flats, and therefore, the project was not required to be registered with MahaRERA. The builder also claimed that the Leela Garden Co-operative Society Ltd. had filed a Regular Civil Suit against the builder seeking a declaration and injunction, which was pending before the Civil Court in Pune.
The Tribunal noted that the injunction order issued by the Pune Civil Court prevented the builder from doing any construction on the existing building. Consequently, the Tribunal found that it would be premature to decide on the project's registration under Section 3 of RERA. Therefore, the Tribunal granted the homebuyers the liberty to file a fresh complaint if construction on Wing A began after the injunction was lifted, set aside, or modified.
The Tribunal concluded that the homebuyer's appeal could not be adjudicated at this stage, considering that the Pune Civil Court had already issued an injunction. Therefore, the Tribunal disposed of the homebuyer's appeal. Furthermore, the Tribunal allowed the homebuyers to approach the appropriate forum, including MahaRERA, for grievances if the builder commenced construction after the injunction was vacated, set aside, or modified.
The Maharashtra Real Estate Appellate Tribunal (Tribunal) is a statutory body established under the Real Estate (Regulation and Development) Act, 2016 (RERA Act, 2016) to hear appeals against the orders of MahaRERA.
MahaRERA is a regulatory authority established under the RERA Act, 2016 to regulate and promote the real estate sector in the state of Maharashtra. MahaRERA is responsible for registering real estate projects, ensuring compliance with the RERA Act, 2016, and protecting the interests of homebuyers.
Frequently Asked Questions
What is the main issue in this case?
The main issue in this case is the refusal of the Maharashtra Real Estate Appellate Tribunal to adjudicate a homebuyer's appeal concerning the registration of a real estate project due to an ongoing injunction issued by the Pune Civil Court
What is the purpose of MahaRERA?
MahaRERA is a regulatory authority established to regulate and promote the real estate sector in the state of Maharashtra and to protect the interests of homebuyers
What is the significance of the RERA Act 2016?
The RERA Act 2016 is a landmark legislation that regulates the real estate sector in India and aims to promote transparency accountability and fairplay in the sector
What is the role of the Real Estate Appellate Tribunal?
The Real Estate Appellate Tribunal is a statutory body that hears appeals against the orders of MahaRERA and provides a platform for homebuyers and builders to resolve their disputes
What is the outcome of the Tribunal's decision in this case?
The Tribunal's decision in this case grants the homebuyers the liberty to file a fresh complaint if construction on Wing A begins after the injunction is lifted set aside or modified and allows them to approach the appropriate forum including MahaRERA for grievances
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