The Maharashtra Real Estate Regulatory Authority (“Maha RERA”) expounded that as per Regulation 36 of MahaRERA (General) Regulation, 2017 and Section 39 of RERA, no review application can be filed against the order if an appeal has been filed against the same order.
Brief Facts:
The present complaint cum review application has been filed seeking a review of the order of the MahaRERA.
Observations of the Authority:
It was noted that during the hearing, an appeal was filed by Respondent No.2 before the Hon’ble Real Estate Appellate tribunal against the said order. Against the same order, the present review was sought by the Complainant.
It was expounded that as per Regulation 36 of MahaRERA (General) Regulation, 2017 and Section 39 of RERA, no review application can be filed against the order if an appeal has been filed against the same order.
The decision of the Authority:
Hence, the review application was dismissed.
Case Title: Balkrishna Solanki & Anr. V. Piramal Realty Pvt. Ltd. & Ors.
Coram: Shri Mahesh Pathak (Hon’ble Member – I)
Case No: Complaint cum Review Application No. CC006000000221023
Advocate for Respondent No. 2: Adv. Kshitij Shah
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