Maharashtra Real Estate Tribunal Dismisses Appeals by Aman Builders & Developers for Non-Compliance with RERA Proviso

Maharashtra Real Estate Tribunal has dismissed appeals filed by Aman Builders & Developers against Guddu S. Malha for non-compliance with the Real Estate (Regulation and Development) Act, 2016 (RERA) proviso. The appeals were heard on April 27, 2023, via video conferencing by members Shriram R. Jagtap and S. S. Sandhu.

Background

Aman Builders & Developers is a Mumbai-based real estate company owned by Adam A. Jumma. The company was involved in a dispute with Guddu S. Malha, who filed a complaint under RERA regarding an alleged delay in handing over possession of a flat in a housing project developed by Aman Builders & Developers.

In response, Aman Builders & Developers challenged the complaint in two separate appeals filed before the Maharashtra Real Estate Tribunal. The company claimed that an appeal had also been filed before the Goa Bench of the High Court and necessary steps were being taken to get it listed.

However, the counsel for Guddu S. Malha strongly objected to this statement and stated that no such appeal had been filed, as verified by the Registrar's office of the High Court in Goa. The counsel requested the Tribunal to dismiss the appeals for non-compliance with the proviso of Section 43(5) of RERA.

Tribunal's Decision

The Maharashtra Real Estate Tribunal observed that Aman Builders & Developers were given sufficient opportunity to comply with the directions to deposit the amount in compliance with the proviso to Section 43(5). However, the company neither complied with the said directions nor provided any evidence of obtaining a stay order in the alleged appeal filed before the High Court.

Therefore, the Tribunal dismissed the appeals for non-compliance with the proviso to Section 43(5) of RERA. The decision means that Aman Builders & Developers will have to comply with the directions or face further legal action from Guddu S. Malha.

Conclusion

The decision by the Maharashtra Real Estate Tribunal highlights the importance of complying with the provisions of RERA. Real estate companies and developers must adhere to the regulations set out in RERA to ensure that disputes are resolved in a fair and transparent manner. Failure to comply with the provisions of RERA can lead to legal action and damage the reputation of the company.

In the case of Aman Builders & Developers, their failure to comply with the directions issued by the Tribunal has resulted in the dismissal of their appeals. The company will now have to comply with the proviso to Section 43(5) of RERA or face further legal action.

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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