Dispute Settlement and Deletion of Respondents in M/s. Yashomangal Developers Appeal

In the Maharashtra Real Estate Appellate Tribunal, Mumbai, a case bearing the number M. A. 1085/22 ln 4T006000000010390 was brought before the bench consisting of Shriram R. Jagtap and S. S. Sandhu, members of the tribunal. The case involved an appeal filed by M/s. Yashomangal Developers, the appellant, against Mr. Mahadeo Nalawade and others, the respondents. The dispute centered around various complaints filed by the allottees against the promoter seeking reliefs for delay in possession, interest, and other matters.

The Application for Deletion of Respondents

During the course of the proceedings, the promoter, M/s. Yashomangal Developers, filed a Miscellaneous Application (M. A. No. LO85l22) seeking the deletion of two respondents, Mr. Mahadeo Nalawade and another allottee, from the array of parties. The application stated that the parties involved had amicably settled the matter by executing a possession agreement and receipt. Copies of these documents were annexed to the application as evidence.

The Respondents' Positions

While Mr. Mahadeo Nalawade did not oppose his deletion from the respondents' list, the other allottee, represented by counsel, raised objections. It was contended that the possession agreement had been executed under the undue influence of the promoter, rendering it arbitrary, illegal, and invalid. The allottee further argued that the agreement was one-sided and illegal, asserting that it could be voidable under Section 16 of the Indian Contract Act, 1972. The allottee also raised concerns regarding maintenance charges, non-conveyance of the property, and incomplete amenities.

Promoter's Defense

The promoter vehemently denied the allegations of undue influence and supported the validity of the possession agreement. They argued that no undue influence had been exercised, and the agreement had been signed by the allottee after receiving a discount of Rs. 30,000 towards the outstanding amount. The promoter accused the allottee of suppressing this fact with malicious intent.

Tribunal's Decision

After considering the arguments presented by both parties, the tribunal concluded that Respondent No. 12 had no objection to being deleted as a respondent. Regarding Respondent No. 15, the tribunal found the claim of undue influence to be vague and insufficient. The allottee had not taken any concrete steps to annul or cancel the agreement based on the alleged ground of undue influence. The tribunal also noted that the issues raised in the main appeal, such as maintenance charges and amenities, were matters to be addressed by the allottees' society rather than individual allottees.

In light of these findings, the tribunal allowed the promoter's application for the deletion of Respondent Nos. 12 and 15 from the array of respondents. The promoter was directed to appropriately amend the appeal, and the matter was set for a final hearing on 12th July 2023.

Conclusion

The M/s. Yashomangal Developers appeal before the Maharashtra Real Estate Appellate Tribunal involved a dispute between the promoter and the allottees. The promoter sought the deletion of two respondents from the case, citing an amicable settlement reached through the execution of a possession agreement. While one respondent did not oppose their deletion, the other respondent raised objections, alleging undue influence in the execution of the agreement.

After considering the arguments, the tribunal found the allegations of undue influence to be unsubstantiated and allowed the promoter's application for the deletion of the respondents. This case highlights the complex dynamics and legal intricacies within the real estate industry. Developers and buyers must understand their rights and responsibilities to avoid potential disputes. It also emphasizes the role of regulatory bodies and tribunals in ensuring fair resolution and upholding the principles of justice.

Note: The information provided in this article about Maharashtra Real Estate Regulatory Authority (MahaRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Appeal No. ATOO5OOOOOOO1039O before the Maharashtra Real Estate Regulatory Authority

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