The case involves a dispute between the developer and homebuyers, Mr. and Mrs. Amar Ochani. The MahaRERA had issued a first order against the developer on July 4, 2022. The developer stated they were not officially informed of this order and only found out about it from the MahaRERA website on August 18, 2022.

Instead of filing an immediate appeal, the developer filed a review application on December 6, 2022. This review was decided on November 8, 2024, but the developer claimed they were again not officially notified, learning of the decision on November 30, 2024, through a letter from the homebuyers’ lawyer.

The developer’s appeal was eventually filed on February 25, 2025. The homebuyers argued that this was a tactic to prolong the case and that the developer had failed to provide a sufficient reason for the delay. They pointed out that the review application itself was filed with a delay of 109 days, while the mandatory period for review is 45 days.

However, the Tribunal accepted the developer’s reasoning, concluding that the developer had acted with “bonafide intent” and pursued a “lawful remedy available under the RERA Act” by filing the review application. The court decided that the time spent on the review—from December 6, 2022, to November 30, 2024—should not be counted against the appeal’s limitation period.

The Tribunal’s decision was based on the principle of providing “substantial justice” and avoiding a “pedantic approach” to every day of delay. It determined there was no evidence of negligence or “dilatory tactics” on the part of the developer.

As a condition of allowing the appeal, the Tribunal ordered the developer to pay a cost of ₹10,000 to the homebuyers within two weeks. This payment is a “condition precedent” for the order to stand.

This ruling means that while the homebuyers will receive a small compensation for the delay, the legal battle will continue, as the developer’s appeal will now be decided on its merits.

Also Read: MahaRERA Appellate Tribunal Orders Developer to Refund Buyers, Rejects Cancellation Fee

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