The Maharashtra Real Estate Appellate Tribunal (REAT), in a judgment passed on 27 April 2026, has dismissed an Appeal filed by CCI Projects Private Limited, developer of the “Rivali Park” residential project in Borivali, Mumbai. Advocate Aditya Pratap represented the flatbuyers Rajesh and Surali Joshi, who had moved the court seeking interest for a five year delay in possession of their flats.
Highlights of the Appellate Tribunal ruling:
- Whether the claim of the Allottees was hit by Section 55 of the Indian Contract Act, 1872?
- Whether the Developer’s objection to the jurisdiction of RERA and REAT to hear the case was maintainable on account of the Sale Agreement containing an arbitration clause?
- Whether any allottee was held to have relinquished their claim for possession by signing letters to that effect at the time of belated handover of flats?
The Maharashtra Real Estate Tribunal division bench comprised Hon’ble Shri Shriram Jagtap (Judicial Member) and Dr. Rajagopal Devara (Administrative Member). Upon hearing the parties, the Bench framed the following issues for determination;
Highlights of the December 2020 RERA Order (Original Order):
The subject matter of the appeal before the Real Estate Appellate Tribunal, Maharashtra was
Arguments by Advocate Aditya Pratap before the Real Estate Appellate Tribunal:
Representing his clients and opposing the submissions on behalf of the Developer, Advocate Aditya Pratap submitted:
- The facts of the case revealed an open and shut case of delay – Possession contractually due in February 2016 and actually handed over in May 2021 represented a massive delay in possession of over five years.
- The reasons and excuses given for the delay by the Developer did not fall within the scope of the ‘force majeure’ clause of the agreement for sale.