Maharashtra Real Estate Appellate Tribunal Allows Withdrawal of Rs. 3.67 Lakh by Ashoka Developers in Dispute with Santosh Dhanawade

The Maharashtra Real Estate Appellate Tribunal in Mumbai recently allowed the withdrawal of a sum of Rs. 3,67,9921- by Ashoka Developers & Ors. in a dispute with Santosh Dhanawade & Ors. The case was filed under the proviso to Section 43(5) of RERA, and the dispute had been ongoing for some time before the Tribunal finally ruled in favor of the applicants.

Background

Ashoka Developers is a real estate development company based in Mumbai. The company had deposited a sum of Rs. 3,67,9921- with the Maharashtra Real Estate Appellate Tribunal under the proviso to Section 43(5) of RERA, which pertains to the refund of money collected by a developer from buyers for a particular project. In this case, the dispute arose between Ashoka Developers and Santosh Dhanawade & Ors. over the refund of the amount deposited with the Tribunal.

The Case

Ashoka Developers filed a misc. application (no. 1125 of 2022) with the Maharashtra Real Estate Appellate Tribunal seeking permission to withdraw the deposited amount. The non-applicants were notified of the hearing date but failed to appear, despite being given written notice and contacted by the applicants' lawyer. The consent terms (Exh.A) clearly indicated that the non-applicants had given free consent to the applicants to withdraw the deposited sum.

Ruling

After considering the facts of the case and the consent terms, the Maharashtra Real Estate Appellate Tribunal ruled in favor of Ashoka Developers & Ors. The applicants were granted permission to withdraw the sum of Rs. 3,67,9921- deposited with the Tribunal. The Registry was directed to refund the amount along with accrued interest to the applicants as per rules.

Conclusion

In conclusion, the Maharashtra Real Estate Appellate Tribunal has allowed Ashoka Developers to withdraw the sum of Rs. 3,67,992/- deposited with the Tribunal under the proviso to Section 43(5) of RERA. This decision was made after the non-applicants failed to appear in the matter despite being informed of the hearing date. The consent terms clearly indicated that the non-applicants had given free consent to the applicants to withdraw the said amount. The applicants were represented by Advocate Mr. Ajit Rajgole, who had made efforts to inform the non-applicants of the hearing date. The Registry has been directed to refund the amount with accrued interest to the applicants as per rules.

This decision by the Maharashtra Real Estate Appellate Tribunal sets a precedent for such cases where non-applicants fail to appear despite being duly informed. It highlights the importance of adhering to legal procedures and timely communication in legal matters. This case also underscores the need for parties to thoroughly review and understand the terms of any consent agreement before entering into it.

Overall, this ruling serves as a reminder of the importance of following proper legal procedures and upholding the rule of law in the real estate sector. It is hoped that such decisions will help in ensuring transparency and fairness in real estate transactions, thereby promoting trust and confidence among all stakeholders 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.

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