Real Estate Firm's Delay in Filing Appeal Rejected by MREAT
The Maharashtra Real Estate Appellate Tribunal (MREAT) has dismissed a real estate firm's application for condonation of delay in filing an appeal against MahaRERA's order to pay interest to home buyers for delayed possession.
MahareraMreatAgile Real EstateHome BuyersReal Estate RegulationReal Estate MaharashtraMay 16, 2025
Home buyers were represented by advocate Vinod Talreja in the tribunal. The chairperson, SS Shinde, and member, Shrikant Deshpande, highlighted in their judgment that AREPL failed to demonstrate any valid reasons for the delay. The tribunal noted that the firm had ample time to apply for the certified copy of the MahaRERA order between July 29 and August 12, 2024, when the old system was still operational for submitting online applications.
AREPL argued that a medical emergency involving a family member of the advocate on record prevented them from filing the appeal on time. However, the MREAT dismissed this claim, stating that the firm had the necessary resources to engage other advocates to file the appeal within the limitation period. The tribunal further observed that AREPL obtained the certified copy on September 23, 2024, but did not file the appeal until January 2025.
The MREAT emphasized that the firm failed to act diligently to file the appeal within the limitation period, thereby failing to protect its rights. The tribunal's decision underscores the importance of strict adherence to legal deadlines and the need for real estate firms to take proactive measures to ensure compliance with regulatory orders.
This ruling is a significant development in the ongoing efforts to protect home buyers' interests and ensure transparency and accountability in the real estate sector. The MahaRERA has been proactive in addressing complaints and ensuring that developers adhere to their commitments. This case serves as a cautionary tale for other real estate firms to avoid similar pitfalls and maintain a high standard of conduct.
Frequently Asked Questions
What is the MahaRERA?
The Maharashtra Real Estate Regulatory Authority (MahaRERA) is a regulatory body established under the Real Estate (Regulation and Development) Act, 2016, to protect the interests of home buyers and promote transparency and accountability in the real estate sector.
Why did MahaRERA order Agile Real Estate to pay interest to home buyers?
MahaRERA ordered Agile Real Estate (AREPL) to pay interest to home buyers who had invested in the 'Immensa D' project in Thane due to the delay in handing over possession of the flats.
What is the MREAT's role in this case?
The Maharashtra Real Estate Appellate Tribunal (MREAT) is an appellate body that hears appeals against orders passed by MahaRERA. In this case, MREAT rejected AREPL's application for condonation of delay in filing an appeal against MahaRERA's order.
What reasons did AREPL give for the delay in filing the appeal?
AREPL claimed that a medical emergency involving a family member of the advocate on record prevented them from filing the appeal on time. However, MREAT dismissed this claim, stating that the firm had the necessary resources to engage other advocates to file the appeal within the limitation period.
What is the significance of this ruling for the real estate sector?
This ruling highlights the importance of strict adherence to legal deadlines and the need for real estate firms to take proactive measures to ensure compliance with regulatory orders. It serves as a cautionary tale for other firms to avoid similar pitfalls and maintain a high standard of conduct.
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