MREAT rejects applications seeking condonation of AREPL’s delay in filing appeals, ET RealEstate
MUMBAI: The Maharashtra Real Estate Appellate Tribunal (MREAT), in a recent order, rejected miscellaneous applications seeking condonation of delay in filing appeals challenging a July 2024 order against Agile Real Estate (AREPL).
MahaRERA had, in an order on Jul 29, 2024, directed AREPL to pay interest to home buyers who had invested in the ‘Immensa D’ project of Kalpataru in Thane for the delay in handing over possession of flats. Home buyers were represented by advocate Vinod Talreja in the tribunal.
Its chairperson SS Shinde and member Shrikant Deshpande have, in a judgment, pointed out that the applicant failed to demonstrate what prevented it from applying for the certified copy between Jul 29 and Aug 12, when the old system of MahaRerawas still available to submit any online application. On the other contention of the promoter that it could not file the appeal due to a medical contingency with the family member of the advocate on record, MREAT said the promoter had all necessary resources available to engage advocates to file the captioned appeals within the limitation period to protect its interest, which eventually the applicant did.
The tribunal pointed out that the applicant obtained the certified copy on Sept 23, 2024, yet filed the appeal only in Jan 2025. The tribunal further observed that the applicant failed to act diligently to prefer the captioned appeals against the impugned order within the limitation period and protect its rights to appeal.
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