A homebuyer’s attempt to challenge a MahaRERA order failed—not on merits, but on technical lapses in filing the appeal. In a sharply reasoned order, the Maharashtra Real Estate Appellate Tribunal, Mumbai, held that unsigned, unaffirmed, and unnotarized appeal documents cannot constitute a valid appeal, resulting in the outright dismissal of the homebuyer’s case.
The ruling came in M.A. No. 751 of 2025 (Delay) in Appeal No. AT06/00319/2025, between allottee Anubhav Virmani and promoter Kanakia Spaces Realty Pvt. Ltd., and underscores how procedural mistakes can completely extinguish a homebuyer’s appellate rights under RERA.
What Triggered the Homebuyer’s Loss
The homebuyer sought to appeal against a MahaRERA Authority order dated 30 January 2025, which had dismissed his complaint as premature.
Under Section 44 of the RERA Act, an appeal must be filed within 60 days, i.e., by 30 March 2025.
The allottee claimed:
- Appeal was filed online on 08 April 2025
- Delay was only 8 days
- Delay occurred due to frequent professional travel
On this basis, a delay condonation application was filed.
Developer’s Advocate Exposes Critical Filing Defects
The decisive blow to the homebuyer’s case came from Advocate Vinod Talreja, appearing for Kanakia Spaces Realty Pvt. Ltd., who highlighted serious procedural defects in the appeal filing.
Adv. Talreja pointed out that:
- The appeal memo uploaded on 08.04.2025 was unsigned
- It was neither affirmed nor notarized
- No vakalatnama or authorization existed on the claimed filing date
- All documents—including affidavits and appeal memo—were signed, affirmed, and notarized only on 04 August 2025
Based on these defects, Adv. Talreja argued that:
An unsigned and unexecuted appeal cannot be treated as a valid appeal in law, and such filing does not stop the clock of limitation.
This argument proved pivotal.
Tribunal’s Finding: No Valid Appeal Without Proper Execution
The Appellate Tribunal, comprising Justice S.S. Shinde (Chairperson) and Shri Shrikant M. Deshpande (Member A), accepted the promoter’s submissions and held that:
Unsigned, unaffirmed, and unnotarized documents do not constitute a valid appeal.
Relying on Order XLI Rule 1 of the CPC and the MahaRERA Appellate Tribunal Regulations, 2019, the Tribunal ruled that:
- Mere online uploading of defective documents is insufficient
- An appeal becomes valid only when duly signed and executed
From 8 Days to 125 Days: How the Delay Ballooned
On the basis of Adv. Talreja’s submissions, the Tribunal concluded that:
- The appeal became legally valid only on 04 August 2025
- Limitation expired on 30 March 2025
- Actual delay was 125 days, not 8 days
The Tribunal found that the homebuyer:
- Suppressed material facts
- Misrepresented the length of delay
- Did not approach the Tribunal with clean hands
Travel Excuse Rejected Despite Homebuyer’s Plea
The homebuyer, represented by Advocate Aman Shukla, argued that frequent travel for professional commitments caused the delay.
However, the Tribunal rejected this explanation, observing that:
- No compelling or documented reasons were shown
- No explanation was given for long periods of inactivity while in Mumbai
- In the digital era, appeals can be prepared and filed remotely
- Routine professional travel cannot override statutory limitation
Tribunal Warns Against Misuse of Online Filing
In strong words, the Tribunal cautioned that:
- Allowing defective appeals to be cured months later would create a dangerous precedent
- Parties could manipulate limitation by uploading unsigned documents
- Such practices would undermine the substantive law of limitation
Final Outcome: Homebuyer’s Appeal Ends Without Merits Hearing
- Delay condonation application rejected
- Appeal dismissed as non-maintainable
- No examination of the homebuyer’s grievance on merits
- Parties directed to bear their own costs
Why This Order Is a Wake-Up Call for Homebuyers
This case is a stark reminder that:
- Technical compliance is as critical as substantive rights
- Even genuine grievances can fail due to procedural lapses
- RERA’s appellate process is unforgiving of defective filings
For homebuyers, the message is clear:
A single technical mistake can cost the entire appeal.
Also Read: MahaRERA Dismisses Complaint Against Developer Over Redevelopment Dispute
