Understanding Registers Maintained by Maharashtra Real Estate Appellate Tribunal (MREAT)

In the dynamic world of real estate in Maharashtra, the Maharashtra Real Estate Appellate Tribunal (MREAT) plays a pivotal role in resolving disputes under the Real Estate (Regulation and Development) Act, 2016 (RERA Act). Established to hear appeals against orders from the Maharashtra Real Estate Regulatory Authority (MahaRERA), the Tribunal ensures transparency and accountability. A common query among stakeholders is whether the Real Estate Appellate Tribunal can appoint a committee—while its primary functions focus on adjudication, the Tribunal's structured record-keeping through various registers supports efficient dispute resolution, often referenced in procedural matters. This blog delves into the types of registers maintained by MREAT, their significance, and procedural insights, drawing from legal precedents and regulations.

Note: This article provides general information based on available sources and is not a substitute for professional legal advice. Consult a qualified lawyer for specific cases.

Overview of MREAT and Its Legal Framework

The MREAT was established by the appropriate government within one year of the RERA Act's commencement, as mandated under Section 43. 2023 0 Supreme(MP) 1005 Establishment of Real Estate Appellate Tribunal.—(1) The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Appellate Tribunal to be known as the — (name of the State/Union territory) Real Estate Appellate Tribunal. 2022 Supreme(Online)(Chh) 1705 This setup aligns with Sections 43 to 57 of the RERA Act, which detail the Tribunal's composition, including Judicial and Technical/Administrative Members across multiple benches. 2024 0 Supreme(Bom) 1089 2025 0 Supreme(All) 3036

The Tribunal adjudicates appeals under Section 58, challenging MahaRERA orders on project registrations, refunds, interest payments, and more. 2023 0 Supreme(Bom) 1354 This appeal is filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short RERA Act) challenging the order of the Real Estate Appellate Tribunal (Appellate Tribunal). Its operations are governed by the Maharashtra Real Estate (Regulation and Development) Regulations, 2019, emphasizing procedural compliance like filing appeal memos, hard copies, and pre-deposits. 2023 0 Supreme(Bom) 1283

Maintaining comprehensive registers is central to MREAT's transparency, enabling parties to access precedents and track cases—crucial for promoters, allottees, and legal practitioners navigating real estate disputes.

Types of Registers Maintained by MREAT

MREAT systematically documents proceedings to uphold RERA's consumer protection goals. Here are the key registers:

1. Appeal Registers

These registers record all appeals filed under Section 58, including parties, filings, and outcomes. For example, multiple appeals challenge Tribunal orders, showcasing a structured documentation system. 2023 0 Supreme(Bom) 1300 2023 0 Supreme(Bom) 1356 2023 0 Supreme(Bom) 1357

• Purpose: Tracks appeal timelines, evidence, and decisions.
• Example: Appeals by flat purchasers against developers, often involving interest directives from MahaRERA. 2024 0 Supreme(Bom) 80 The complaint was disposed of by MahaRERA vide order dated 27 July 2021 directing the Appellant to pay interest from 1 January 2020 at the rate prescribed under Rule 18 of Maharashtra Real Estate (Regulation and Development)...

2. Order Registers

These document Tribunal orders, noting dates, nature, and parties. Challenged in higher courts, they reflect MREAT's regulatory role. 2021 0 Supreme(Bom) 1276 2018 0 Supreme(Bom) 1358

• Key Details: Includes dismissal or partial allowances, e.g., setting aside MahaRERA orders. 2024 0 Supreme(Bom) 274 This Appeal is filed by the Appellant challenging the Order dated 18 October 2022 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai (Appellate Tribunal) partly allowing the Appeal filed by Respondent No.1...
• Significance: Parties must comply, with non-compliance leading to further appeals. 2021 0 Supreme(Bom) 268 Respondent No.9 had passed Orders directing Respondent No. 4 to refund the monies paid to it by Respondent Nos. 10 to 15 along with interest.

3. Miscellaneous Applications Registers

Records handle procedural requests like pre-deposit waivers.

Kashinath Jairam Shetye VS State of Goa, Thr. Chief Secretary - Bombay

• Common Filings: Extensions, document submissions, or compliance reports. 2023 0 Supreme(Bom) 1283 2024 0 Supreme(Bom) 289
• Procedural Tie-in: Ensures adherence to timelines, as seen in Kerala analogs under Section 58. 2022 0 Supreme(Ker) 400 These appeals have been filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016, against the common order dated 12.08.2021...

Additionally, MREAT maintains project registration and promoter disclosure records, aiding enforcement. 2023 0 Supreme(Bom) 1300

Procedural Aspects and Appeal Filing

Filing an appeal requires 30% pre-deposit of the decretal amount, with memos and evidence submitted per regulations. 2021 0 Supreme(Bom) 29 Respondent No.4 filed an Appeal No.AT005000000000079 (the said Appeal) before the Maharashtra Real Estate Appellate Tribunal (Appellate Tribunal).

• Timelines: Strict adherence, with decisions appealable to higher courts. 2021 0 Supreme(Bom) 1276 2023 0 Supreme(Bom) 1357
• Bench Composition: Multiple benches for efficiency. 2024 0 Supreme(Bom) 1089
• Precedents: Review past orders, e.g., Gujarat RERA appeals for support.

  Madhuben Kantilal Shah VS India Bulls Distribution Services Ltd. - Consumer

  Complainant has submitted following judgments... Appeal no. 89/2019 (The Gujarat Real Estate Appellate Tribunal...

These registers facilitate precedent-based arguments, vital for building strong cases.

Role in Real Estate Dispute Resolution

MREAT's registers ensure accountability, as seen in cases directing refunds or interest. 2021 0 Supreme(Bom) 804 2018 0 Supreme(Bom) 1358 They also intersect with other laws like IBC, where RERA orders influence insolvency proceedings. 2021 0 Supreme(Bom) 29

While the Tribunal's core power is adjudication, its record-keeping supports oversight, potentially extending to committee appointments in complex monitoring scenarios—though primarily procedural. Stakeholders benefit from accessing these for compliance and strategy.

Conclusion and Key Takeaways

The Maharashtra Real Estate Appellate Tribunal's registers—appeal, order, and miscellaneous—are foundational to RERA's transparent framework. They document disputes from MahaRERA orders, enabling fair adjudication and precedent reliance.

Kashinath Jairam Shetye VS State of Goa, Thr. Chief Secretary - Bombay

Key Takeaways:- Familiarize with registers for effective appeals.- Review precedents to strengthen cases.- Comply with pre-deposit and filing rules.- Use records for transparency in real estate transactions.

For promoters and buyers, understanding MREAT's operations demystifies RERA compliance. Stay updated via official notifications, and seek expert advice for tailored guidance.

References:

Kashinath Jairam Shetye VS State of Goa, Thr. Chief Secretary - Bombay

Madhuben Kantilal Shah VS India Bulls Distribution Services Ltd. - Consumer