Case Note & Summary
The Supreme Court of India allowed appeals arising from the dismissal of real estate complaints due to procedural delay. It emphasized that the High Court and appellate bodies should focus on the correctness of delay condonation decisions without delving into case merits prematurely.
The refusal to condone the delay in filing appeals was deemed inappropriate when normal circumstances warranted it. The High Court and Appellate Tribunal were directed to restore the appeals and adjudicate them on their merits.
Introduction to Appeals
Para 1-2: The appeals arose from complaints dismissed by the Maharashtra RERA regarding possession in the “Lodha Venezia” and “Lodha Azzuro” projects. The appellants had impleaded Esque Finamark Pvt. Ltd and Macrotech Developers Ltd.Procedural History
Para 3-4: The Maharashtra RERA dismissed complaints in 2019, discharging Macrotech Developers Ltd. due to lack of privity of contract. Appeals were filed promptly but included a formal delay condonation application. Para 5-6: The Appellate Tribunal dismissed the appeals citing limitation and refusal to condone the delay.High Court Observations
Para 7: The High Court dismissed second appeals, commenting that the delay could have been condoned but relied on the claim of consent in prior proceedings.Supreme Court Analysis
Para 8-10: The Supreme Court held that delay should have been condoned without considering merits prematurely, as the case hinged on procedural justice.Outcome and Directions
Para 11-13: The delay was condoned, and the appeals were restored to the Appellate Tribunal for adjudication. No opinions were expressed on the substantive merits of the earlier orders. Acts and Sections Discussed: The Real Estate (Regulation and Development) Act, 2016 (RERA) Jurisdiction and duties of RERA in complaint redressal. Code of Civil Procedure, 1908 Section 5 (Limitation Act) concerning delay condonation. Ratio Decidendi: Procedural Fairness: Courts must prioritize ensuring access to justice over procedural rigidity, especially where delay does not adversely affect the respondent's rights. Appellate Review Scope: The scope of appellate review is limited to assessing the correctness of procedural decisions without influencing the merits of the case. Subjects:Delay Condonation in Real Estate Complaints and AppealsRERA, procedural justice, delay condonation, real estate disputes, appellate jurisdiction.
Issue of Consideration: Surendra G. Shankar & Anr. Versus Esque Finamark Pvt. Ltd & Ors.
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