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Delay in filing hard copies of RERA appeals filed on-line in time.

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Sections 44(2) and 58 of RERA – Online Appeal filed before RERA Appellate Tribunal but appeal rejected for failure to file hard copies of appeal memos within time –

MahaRERA passed an order dated 28.2.2018 against the appellant – developer in the complaints of the respondents – allottees.

The appellant – developer filed on-line appeal before the Appellate Tribunal.  However, by the order dated 13.5.2019, the Tribunal rejected appeals since the hard copies of appeal were not submitted in prescribed time for want of prosecution.

On 30.6.2022, the application for restoration of the appeal was filed after a delay of 1088 days on the ground that the Advocate was not aware that hard copies also are to be filed after on-line filing of appeals.

On 16.1.2023, the Tribunal rejected the application for condonation of delay.

Judgment dated 31.8.2023 of the High Court of Bombay

Kailash Patil Vs. Vasant S. Jadhav (Second Appeal No.301 of 2023 with connected matters).

 

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