SHALINI PHANSALKAR JOSHI, J.

1. Heard finally, at the stage of admission itself, with the consent of learned counsel for the Appellant and Respondents.

2. Admit.

3. These three Appeals are preferred, under Section 58 of the Real Estate (Regulation and Development) Act, 2016, (for short “RERA”), by Lavasa Corporation, which is developing a Township Project to construct Lake Views and which is registered under the RERA.

4. These Appeals are raising the common questions of law as to whether the provisions of the RERA would apply in case of an Agreement to Lease - particularly in the facts of the present case, whether the definition of the term Promoter as provided under Section 2(zk) in the RERA, would include a Lessor and whether the remedy provided to the Allottees under Section 18 of the RERA can be available only against the Promoter, or in that sense, also against a Lessor?

5. The Appellants are aggrieved by the three separate orders passed by the Maharashtra Real Estate Appellate Tribunal in three separate Appeals filed by the Respondents, under Section 43(5) of the RERA, against the orders passed by the Adjudicating Authority, under Section 18 of the said Act. By the impugned orders, the Appellate Tribunal has set aside the orders passed by the Adjudicating Authority and held that, the provisions of the RERA are applicable even in case of Agreement of Lease in the present case and, therefore, the Adjudicating Member of the Maharashtra Real Estate Regulatory Authority has jurisdiction to entertain the complaints filed by the Respondents. It was held so, despite the fact that, according to the Appellant, relationship between the Appellant and Respondents is of Lessor and Lessee and there is no sale and/or absolute transfer of right, title and interest in favour of the Respondents with respect to their respective apartments.

6. The factual matrix of the case, in which these questions are raised, can be depicted as follows:-

Respondents claim themselves to be the bona-fide purchasers of their respective apartments in the projects/buildings known as “Brook View” which is being constructed at Village Dasve, Taluka Mulshi, “Belshore” which is being constructed at Bhugaon Taluka; and “Lake View” which is being constructed at Mulshi Taluka, respectively in Pune District by the Appellant herein. In pursuance of the negotiations between the parties, the Agreements of Lease came to be executed between them on various dates in the years 2014, 2013 and 2010, respectively. As per the said Agreements, the Respondents have booked the apartments on the basis of lease for the period of 999 years in the Township Scheme of the Appellant. They had paid most of the consideration amount, which is, approximately, to the extent of 80% of the sale price. They have also paid substantial amount towards the stamp-duty and the registration charges.

7. As per the Agreements of Lease executed between the parties, the project was to be completed and the possession of the apartments was to be handed over to the Respondents within a period of 24 months. After waiting bonafidely for all these six to seven years for getting the project completed and after making several enquiries with the Appellant about the progress of the said project, the Respondents found that there are no chances of the project being completed in a near future. Hence, after the Appellant registered itself with the RERA, Respondents approached the Adjudicating Authority under the Maha-RERA with an application, under Section 18 of the RERA, for compensation with interest for every month of the delay in handing over possession of the apartments and for various other reliefs, to which they are entitled under the RERA.

8. Appellant, however, on its appearance before the Adjudicating Authority, challenged the very applicability of the provisions of the RERA to the Agreements of Lease entered into by the parties contending inter-alia that, the Respondents are the Lessees, as the Agreements ente