Real Estate Tribunal Rejects Firm's Delayed Appeal

The Maharashtra Real Estate Appellate Tribunal (MREAT) has dismissed Agile Real Estate's (AREPL) application for condonation of delay in filing an appeal against an order by MahaRERA. The tribunal ruled that the firm failed to act diligently and did not provide sufficient reasons for the delay.

Maharashtra Real Estate Appellate TribunalMahareraAgile Real EstateHome BuyersReal Estate RegulationsReal Estate MaharashtraMay 16, 2025

Real Estate Tribunal Rejects Firm's Delayed Appeal
Real Estate Maharashtra: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.

Frequently Asked Questions

What is the Maharashtra Real Estate Appellate Tribunal (MREAT)? A: The Maharashtra Real Estate Appellate Tribunal (MREAT) is a quasi-judicial body established to hear appeals against the orders of the Maharashtra Real Estate Regulatory Authority (MahaRERA). It plays a crucial role in resolving disputes in the real estate sector. Q: Why did MahaRERA order Agile Real Estate to pay interest to home buyers? A: MahaRERA ordered Agile Real Estate to pay interest to home buyers due to the delay in handing over possession of flats in the ‘Immensa D' project of Kalpataru in Thane. This order was issued to compensate home buyers for the financial hardships caused by the delay. Q: What was the reason given by Agile Real Estate for the delay in filing the appeal? A: Agile Real Estate claimed that a medical contingency with a family member of the advocate on record prevented them from filing the appeal within the limitation period. However, the MREAT rejected this explanation, stating that the company had the resources to engage other advocates to file the appeal timely. Q: What is the significance of the MREAT's decision? A: The MREAT's decision underscores the importance of timely action and adherence to legal procedures in the real estate sector. It reinforces the accountability of developers and the protection of home buyers' rights, setting a precedent for future cases. Q: How does MahaRERA protect the interests of home buyers? A: MahaRERA, the regulatory body for the real estate sector in Maharashtra, ensures transparency and accountability in the industry. It monitors the activities of real estate developers, enforces regulations, and resolves disputes to protect the interests of home buyers.

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