RERA – Inherent Powers of Appellate Tribunal
The allottee had purchased the flat vide allotment letter dated 31.12.2014 for Rs.35,05,000/- and paid Rs.28,63,375/-. The letter did not give the date of possession.
On 12.2.2019, the promoter had terminated the allotment of the flat. The allottee by the letter dated 11.3.2019 asked the promoter to execute agreement of ale and also fix the date of possession. Instead of remanding the case back we are of the view the same need to be adjudicated in this appeal in the interest of justice.
The occupation certificate was given on 24.5.2019.
The complaint of the allottee was allowed on 13.11.2019 to execute the agreement of sale. However, in appeal the matter was remanded for fresh decision. Thereafter, the Authority had set-aside the termination letter and directed the promoter to execute agreement of sale. This was again challenged in appeal.
The REAT held that the cancellation of the allotment of the flat was illegal. However, Regulation 39 of Maharashtra Real Estate Regulatory Authority (General) Regulation, 2077 speaks about saving of inherent powers of the Authority. It reads as under; ” Nothing in the Regulations shall be deemed to /imit or otherwise affect the inherent power of the Authority to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Authority. ” Similarly, Regulation 25 of Maharashtra Real Estate Appellate Tribunal, 2019 speaks about saving of inherent powers of the Tribunal; “25(1) Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent power of the Tribunal to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Tribunal
Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made to pass or make such further or other decree or order, this power may be exercised by the Appellate Couft notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objections. We therefore exercise the above power in the interest of justice, especially when the allotment letter is issued in the year 2014 and the occupation certificate is obtained in the year 2019.
Judgment dated 8.5.2026 of Maha REAT in Appeal NO.AT006000000113946 of 2022 of M/s S.M.Infrastructures Vs. Pramod Yagnarayan Singh
