Mumbai Mirror: Sans 30% refund, MREAT rejects builder’s appeal.
Developer had challenged MahaRERA orders; the authority demands minimum deposit before hearing.
The Maharashtra Real Estate Appellate Tribunal (MREAT) has dismissed two appeals fi led by developers after they failed to deposit a minimum 30 per cent refund with the court before their appeal could be heard.
Justice (retd) KU Chandiwal, who presides over MREAT, dismissed an appeal filed by ITMC Developers Pvt Ltd, a part of the Shree Sai Developers group, against a MahaRERA order that directed the company to refund home buyer Radha Arakkal in April this year.
MahaRERA member Bhalchandra Kapadnis had earlier rejected the developers’ reason for delay in possession and held that Arakkal, who had booked a flat in Sapphire 1 project in Kurla, was entitled to Rs 1.42 crore as refund under Real Estate (Regulation and Development) Act (RERA).
ITMC filed an appeal against the order with MREAT, and the court directed it to deposit 50 per cent of the refund amount with the court before the appeal is heard under section 43 (5) of RERA, which mandates that a minimum of 30 per cent amount must be deposited by the appellant. Annoyed by letters from the developer seeking more time, Justice Chandiwal said the developer was giving “lame excuses”. He dismissed the appeal for non-compliance.
Justice Chandiwal also rejected an appeal filed by Marvel Promoters and Developers who appealed against MahaRERA refund orders given to five home buyers in Pune’s Marvel Brisa project for delayed possession. The court has asked the developer to deposit the required minimum amount.
While Marvel is likely to file a second appeal in the Bombay High Court against the dismissal, ITMC Developer’s lawyer Karan Bhosale told Mumbai Mirror, “We will appeal against this order in the high court.”