Real estate appeal dismissed.
News THE TIMES OF INDIA
The Maharashtra Real Estate Appellate Tribunal (MREAT) has dismissed Agile Real Estate Pvt. Ltd.’s (AREPL) application to condone a delay in filing an appeal against a July 29, 2024, MahaRERA order. This order had directed AREPL to pay interest to homebuyers for delays in handing over possession of flats in the ‘Immensa D’ project in Thane.
MREAT found that AREPL failed to justify the delay, noting that the firm neither pursued a certified copy of the judgment in a timely manner nor filed the appeal within the prescribed limitation period. Although AREPL obtained the certified copy on September 23, 2024, they only filed the appeal in January 2025. The tribunal dismissed the claim that a medical emergency involving the firm’s advocate delayed proceedings, pointing out that the promoter had sufficient resources to engage alternative legal support. The tribunal concluded that AREPL did not act diligently to safeguard its legal rights.
This decision underscores the judiciary’s strict stance on adhering to statutory timelines in real estate disputes. It serves as a reminder that both developers and homebuyers must act promptly and diligently to protect their legal rights.
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