Introduction: When Homeownership Becomes a Legal Battle – Navigating the RERA Appeals Process Maharashtra
Imagine investing your life savings into a flat only to face indefinite delays, half-completed projects, or one-sided contract cancellations. Or, as a builder, being penalised unfairly for delays caused by force majeure. For thousands in Maharashtra, this is more than just a worst-case scenario it’s real. Thankfully, the RERA appeals process Maharashtra offers a legal remedy through the Maharashtra Real Estate Appellate Tribunal (MREAT).
This article explains:
- The MREAT appeal process
- Grounds to challenge a RERA judgment
- Recent landmark judgments
- Practical guidance on filing and winning your appeal
Whether you’re a buyer, builder, or agent, knowing your rights under Indian real estate law is essential to protect your interests and investments.
Legal Framework: What Empowers the RERA Appeals Process Maharashtra
The Real Estate (Regulation and Development) Act, 2016 (RERA) governs real estate regulation in India. In Maharashtra:
- Initial disputes go to MahaRERA
- Appeals go to MREAT, under Section 43(5) of the Act
Relevant Legal Provisions:
- Section 43(5) – Appeal process & timelines
- Section 58 – Powers of MREAT
- Section 13 & 18 – Promoter obligations & refund rights
The RERA appeals process Maharashtra ensures a second chance to correct unjust or erroneous decisions issued by MahaRERA or its Adjudicating Officers.
1. Common Grounds to Challenge a RERA Judgment
You can approach MREAT if you believe MahaRERA’s order is legally or factually flawed. Grounds may include:
- Error of Law
If the authority misapplied the law or misunderstood legal principles.
- Error of Fact
Decisions based on incorrect or overlooked facts are appealable.
- Procedural Irregularities
No fair hearing? No notice? That’s a violation of natural justice.
- Unjust Compensation
If you believe the relief granted is inadequate or excessive, MREAT can reassess it.
- Perversity of Findings
When conclusions are irrational or unsupported by evidence.
Example: A homebuyer was awarded interest at 6% for delayed possession. They appealed, and MREAT increased it to 9%, stating the original amount didn’t reflect real loss.
The RERA appeals process Maharashtra is designed to balance the scales and ensure fairness beyond initial rulings.
2. MREAT Appeal Process: Step-by-Step Guide
- Who Can Appeal?
- Homebuyers
- Promoters
- Real estate agents
- Any party aggrieved by a MahaRERA order
- Timeline to File Appeal
- Within 60 days of receiving the MahaRERA order
- Delays can be condoned, but only with “sufficient cause”
A 3-day delay was recently dismissed in Dhiresh Pandey v. MREAT due to lack of proper justification.
- Pre-Deposit Requirement (for Promoters)
Must deposit 30% of the penalty or compensation before MREAT hears the appeal
- Filing Requirements
- Form ‘L’ with all details of the order, grounds for appeal, and relief sought
- Attach:
- MahaRERA order copy
- Agreements
- Payment receipts
- Emails or WhatsApp chats (if relevant)
- Proof of pre-deposit
- Mode of Filing
- Online: Through the MahaREAT portal
- Offline: At MREAT office in Fort, Mumbai
- Hearing and Final Order
- MREAT aims to dispose of appeals within 60 days
- Its orders are binding and executable as a civil decree
3. Tips to Strengthen Your RERA Appeal
- Act Swiftly: Don’t wait for the builder’s next move.
- Present All Evidence: WhatsApp chats, payment receipts, screenshots all matter.
- Mention All Grounds: Legal and factual.
- Follow Procedure: A procedural misstep can cost your case.
- Consult Experts: DIY appeals may hurt more than help.
What to Avoid in the RERA Appeals Process Maharashtra
- Filing without paying the pre-deposit
- Missing the 60-day deadline
- Submitting incomplete documentation
- Relying solely on verbal promises
- Ignoring procedural requirements like notifying the other party
Legal Remedies Beyond MREAT
- Execution of Order under Section 40 if the builder fails to comply
- Further Appeal to the High Court under Section 58, but only on questions of law
- Consumer Forum Action (in rare parallel proceedings)
When to Seek Professional Legal Help
If your case involves:
- Large investments
- Builder harassment
- Unregistered projects
- Delayed refund or penalty enforcement
Then consulting an expert in the RERA appeals process Maharashtra is non-negotiable. A skilled legal team can build a compelling case that highlights errors, invokes correct sections, and fast-tracks your claim.
Conclusion: Be Proactive, Be Informed, Be Legally Ready
The RERA appeals process Maharashtra is not just a legal formality it is your right and your opportunity to demand justice. Whether you’re a homebuyer waiting for your rightful refund or a builder penalised unfairly, the MREAT appeal process offers a structured path to resolution.
Stay informed. Stay timely. And most importantly, stay protected by seeking the right legal support.
Disclaimer
This article is intended solely for general informational purposes and should not be considered as legal advice. For advice specific to your situation, please consult a qualified legal professional. Laws may vary by jurisdiction, and individual circumstances require customised legal guidance from a licensed advocate or expert.
About Tigde Law Firm
Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.
Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.
Call Now for professional legal assistance legal matters:
- Email: inquiry@tigdelawfirm.com
- Phone: +91 9326261981