Mrs. Simit Thakur Takes On K.R. Real Estate A. Ltd in Mumbai Tribunal Appeal

In a legal showdown before the Maharashtra Real Estate Appellate Tribunal, Mrs. Simit Thakur has embarked on a battle against K.R. Real Estate A. Ltd. The appeal, with case number AT005000000144216, has garnered attention as it raises important issues surrounding compliance with the Real Estate (Regulation & Development) Act, 2016. The tribunal's decision holds significant implications for both parties involved. Let us delve into the details of this case and explore the implications of the proceedings.

Background:

K.R. Real Estate A. Ltd, acting as the appellant, finds itself entangled in a legal dispute with Mrs. Simit Thakur, the respondent. The appeal, which was filed with the Maharashtra Real Estate Appellate Tribunal, revolves around the proviso to Section 43(5) of the Real Estate Act. This provision establishes a prerequisite for the appeal's acceptance, necessitating compliance with certain conditions.

Delays Condoned:

Although the appellant's counsel argued that there was no delay in filing the appeal, the record reveals a one-day delay. However, the tribunal, upon careful consideration, decided to condone the delay, allowing the proceedings to move forward. It is worth noting that no costs were imposed in this regard.

The Proviso to Section 43(5):

The crux of the dispute lies in the proviso to Section 43(5) of the Real Estate Act. This provision outlines the obligations of the appellant, who is also the promoter. The tribunal emphasized the importance of complying with this proviso, which serves as a prerequisite for entertaining the appeal. Failure to fulfill these obligations may have severe repercussions for the appellant.

Impugned Order and Compliance:

The tribunal examined the impugned order, which was issued on October 28, 2022. According to the order, the appellant, K.R. Real Estate A. Ltd, was directed to deposit the entire amount specified to comply with the proviso to Section 43(5) of the Real Estate Act. The appellant's counsel, upon receiving instructions, sought a ten-day extension to fulfill these obligations and deposit the requisite amount.

Future Proceedings:

To ensure compliance with the proviso, the tribunal scheduled a review on April 26, 2023. This review will assess whether K.R. Real Estate A. Ltd has duly fulfilled its obligations by depositing the entire amount as specified in the impugned order. The outcome of this compliance assessment will be crucial in determining the course of action in the case.

Conclusion:

The legal battle between Mrs. Simit Thakur and K.R. Real Estate A. Ltd has captivated the attention of the Maharashtra Real Estate Appellate Tribunal. The proceedings center around the proviso to Section 43(5) of the Real Estate (Regulation & Development) Act, 2016. The tribunal has allowed the appeal to proceed, condoning a minor delay in filing. However, it has emphasized the importance of complying with the proviso and has directed the appellant to deposit the specified amount as per the impugned order. The upcoming compliance review on April 26, 2023, will shed light on whether the appellant has met these obligations. This case serves as a reminder of the significance of adhering to legal provisions within the real estate sector, ultimately shaping the dynamics between promoters and homeowners.

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 AT0O50000000144216 before the Maharashtra Real Estate Regulatory Authority

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