MahaREAT Dismisses Homebuyer's Application For Condonation Of 225-Days Delay In Filing Appeal

Condonation of delay means forgiving or excusing the delay in submitting an appeal or application before the respective courts. Section 44(2) of The Real Estate (Regulation and Development) Act, 2016, Provides an aggrieved person 60 days from the date of receiving a copy of the order to file an appeal before the Tribunal.

Background Facts

The Homebuyers booked a flat in the project developed by the builder. The builder executed an agreement for sale, committing to hand over possession of the subject flat. However, the builder failed to fulfill this obligation and did not hand over possession of the flat to the Homebuyers.

Aggrieved by the conduct of the builder, the Homebuyers filed a complaint before the Maharashtra Real Estate Regulatory Authority (Authority). In its order dated 18.04.2022, Authority directed the builder to refund the amount paid by the Homebuyers but declined to grant interest on the paid amount and compensation.

The Homebuyers limitation to file an appeal against the Authority's order expired on 17.06.2022. Therefore, the Homebuyers have filed a condonation application before the Tribunal, citing that the delay in filing the appeal occurred due to ongoing settlement talks between the Homebuyers and the builder. Consequently, the Homebuyers did not pursue an appeal against the Authority's order at that time.

REAT Verdict

The Tribunal dismissed the homebuyer's application for condonation of a 225-day delay in filing the appeal, holding that the explanation provided by the applicant was unsatisfactory and seemed frivolous.

The Tribunal observed that the builder responded to the complaint and expressed willingness to refund the amount paid by the Homebuyers but without any interest and compensation, proposing to do so in four equal instalments.

The Tribunal also observed that there is no evidence on record indicating that the builder was ready to settle the dispute between the parties. The Homebuyers did not provide any documentation to support their claim that the builder demonstrated a willingness to settle the dispute.

Based on these observations, the Tribunal held that the Homebuyers failed to provide satisfactory evidence of ongoing settlement talks and did not act promptly in filing an appeal if they were genuinely dissatisfied with the Authority's order. Therefore, the Tribunal found no merit in the Homebuyers' claim for condonation of the delay in filing the appeal.

Case – Rituja Ravindra Parab & Anr Versus Nirman Realtors & Developers Ltd

Citation - Appeal No. AT006000000144277 of 2023