M/s. Lohitka Properties LLP v. Mrs. Trupti Shah & Mr. Manish Shah: Tribunal Approves Withdrawal of Predeposit

In a recent case before the Maharashtra Real Estate Appellate Tribunal in Mumbai, M/s. Lohitka Properties LLP sought the withdrawal of a predeposit made by Mrs. Trupti Shah and Mr. Manish Shah. The predeposit was made in compliance with the proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. This article provides an in-depth analysis of the case, including the background, arguments presented, and the final decision of the Tribunal.

Background

Case Number: AT006000000053008/2021

Date: June 22, 2023

The case revolved around an appeal filed by M/s. Lohitka Properties LLP, the appellant, against an order dated December 20, 2020, passed by the Maharashtra Real Estate Regulatory Authority (MahaRERA) in Mumbai. The order had been issued in response to a complaint filed by Mrs. Trupti Shah and Mr. Manish Shah, the non-applicants, regarding a real estate transaction.

Arguments Presented

During the proceedings, the applicants and their legal counsel, as well as the non-applicants, participated in a video conferencing session. The applicants sought the withdrawal of the remaining predeposit made by the non-applicants in compliance with the proviso to Section 43(5) of the Act. They highlighted that the appeal filed by the appellant against the MahaRERA order had been dismissed on March 1, 2023, without any costs imposed.

However, the legal representative for the non-applicants objected to the withdrawal of the amount, emphasizing that the order dated December 20, 2020, issued by MahaRERA, remained valid for execution. MahaRERA was the designated executing authority in this case.

The Tribunal's Decision

After carefully considering the arguments presented by both parties, the Tribunal made the following decision:

1. The available amount deposited by the appellant toward compliance with the proviso to Section 43(5) of the Act would be transferred to the account of MahaRERA, along with any accrued interest. This transfer would facilitate the execution of the order dated December 20, 2020.
2. The amount transferred to MahaRERA's account would be appropriately adjusted and allocated for the purpose of executing the said order.
3. The applicants were granted the liberty to approach MahaRERA, the executing authority, in case further recourse or clarification was required.

Conclusion

In the case of M/s. Lohitka Properties LLP v. Mrs. Trupti Shah & Mr. Manish Shah, the Maharashtra Real Estate Appellate Tribunal resolved the matter by ordering the transfer of the remaining predeposit amount to the account of MahaRERA. The decision aimed to facilitate the execution of the order issued by MahaRERA on December 20, 2020. The applicants were allowed to approach MahaRERA for any further requirements or inquiries. This ruling highlights the importance of compliance with regulatory authorities and reinforces the significance of the Real Estate (Regulation and Development) Act, 2016, in resolving disputes and protecting the rights of both parties involved.

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 case number Misc. Aooln. No. 192 of 2023 before the Maharashtra Real Estate Regulatory Authority

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