MREAT Overrules MahaRERA, Says Winter Green Disputes Not Subject to Arbitration

Dated on: Tuesday 13th May 2025

The Maharashtra Real Estate Appellate Tribunal (MREAT) has overturned MahaRERA’s 2022 decision directing 36 homebuyers in Mumbai’s Winter Green project to settle disputes through arbitration. MahaRERA had relied on arbitration clauses in agreements signed between 2012 and 2016. However, MREAT ruled that disputes under the Real Estate (Regulation and Development) Act, 2016, are not subject to arbitration, even if such clauses exist. The tribunal clarified that RERA provisions override prior agreements and apply retrospectively. The case has been sent back to MahaRERA for fresh consideration based on its merits, reinforcing homebuyers' right to seek remedies under RERA.