The Maharashtra Real Estate Appellate Tribunal (MahaREAT) recently overturned a MahaRERA decision that dismissed the complaints of eight homebuyers involved in the ‘One Park Avenue’ project in Thane. MahaRERA had previously ruled that the disputes between the complainants and respondents were of a civil or criminal nature.

The buyers had paid advances in 2012, but the initial developer, Man Global, neither provided allotment letters nor executed agreements for sale. The project was subsequently transferred to Man Realty Ltd and later acquired by Purva Oak under the SARFAESI Act.

MahaREAT acknowledged the buyers as allottees, relying on payment receipts issued by Man Global. The tribunal emphasized that under Section 15 of the Real Estate (Regulation and Development) Act (RERA), all outstanding obligations transfer to the subsequent promoter. As a result, Purva Oak was directed to execute agreements for sale with the complainants.

The tribunal clarified that Purva Oak inherited the responsibilities of both Man Global and Man Realty, ensuring that the rights of the complainants remained intact, valid, and binding on all parties.

The complainants, represented by Advocate Omkar Khanvilkar, had collectively paid 30% of the total flat prices in 2012, trusting promises that allotment letters would be issued within 30 days of payment. When delays ensued, Nikhil Mansukhani, a director at Man Global, met with the buyers to explain the situation. He also offered them options for refunds or exits.

While refund letters and cheques were issued, the cheques were never deposited following verbal instructions from the promoter. MahaREAT noted that Man Global had formally acknowledged the advance payments through receipts, which effectively functioned as booking confirmations or allotment letters.

The tribunal also highlighted that the title search report available on the RERA website clearly established that the payments were made for the project and not for any separate entity like Man Global or Man Realty, which are sister concerns.