Delayed possession: Can a real estate developer seek review of an MahaRERA order favouring a homebuyer?
India, June 23 -- The Maharashtra Real Estate Regulatory Authority (MahaRERA) has clarified that while a developer is entitled to file a review application, the scope of such a review is limited by the provisions of the RERA Act and its regulations. The authority observed that review proceedings cannot be used as a disguised appeal to seek a reappreciation of the facts, evidence, or legal issues already considered and decided in a final order. It further noted that a review can be entertained only under specific circumstances, such as the discovery of new and important evidence that was not available despite due diligence at the time of the original proceedings.
The observation was made while hearing a review application filed by a devel...
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