Real Estate Tribunal Rejects Firm's Delayed Appeal

Mumbai: The Maharashtra Real Estate Appellate Tribunal (MREAT) has recently rejected miscellaneous applications by Agile Real Estate (AREPL) seeking condonation of delay in filing appeals. The appeals were challenging a July 2024 order issued by MahaRERA, which directed AREPL to pay interest to home buyers who had invested in the ‘Immensa D' project of Kalpataru in Thane. The order was issued due to the delay in handing over possession of flats. Home buyers were represented by advocate Vinod Talreja in the tribunal. In their judgment, the chairperson SS Shinde and member Shrikant Deshpande pointed out that the applicant failed to demonstrate what prevented it from applying for the certified copy between July 29 and August 12, 2024. During this period, the old system of MahaRERA was still available to submit any online application. The tribunal also addressed the promoter's contention that a medical contingency with a family member of the advocate on record prevented the filing of the appeal. MREAT stated that the promoter had all necessary resources available to engage other advocates to file the appeals within the limitation period to protect its interests. The applicant eventually did so, but not within the required timeframe. The tribunal noted that the applicant obtained the certified copy on September 23, 2024, but only filed the appeal in January 2025. The tribunal further observed that the applicant failed to act diligently to prefer the appeals against the impugned order within the limitation period, thereby failing to protect its rights to appeal. This decision by the MREAT underscores the importance of timely action and adherence to legal procedures in the real estate sector. Home buyers, particularly those investing in large projects, often face delays and financial hardships due to such issues. The tribunal's ruling aims to ensure that real estate developers are held accountable for their commitments and that the interests of home buyers are protected. MahaRERA, the regulatory body for the real estate sector in Maharashtra, plays a crucial role in ensuring transparency and accountability in the industry. The recent order by MREAT reinforces MahaRERA's efforts to maintain high standards and protect the rights of home buyers. The tribunal's decision is expected to have a significant impact on the real estate landscape in Maharashtra, encouraging developers to meet their obligations and maintain the trust of their customers.