JUDGMENT :

1. Heard learned Counsel for the parties.

2. This second appeal is from dismissal of an appeal preferred under Section 44 of the Real Estate Act for non-compliance with a pre-deposit order passed by RERA Appellate Tribunal. Respondent No.1 was the original complainant before the adjudicating officer- RERA, whereas the Appellant was the respondent-promoter in the complaint, and who had challenged the order of the adjudicating officer before the Appellate Tribunal.

3. It was the case of the complainant that he had purchased six plots of land together with pre-engineered steel portal framed rectangular building, termed as ‘warehousing building’, from the respondent promoter under an agreement for sale dated 10 December 2009. It was submitted that possession of the suit premises was to be handed over to the complainant-allottee on or before 9 March 2010. It was submitted that since the possession was not so handed over, as per Condition No.4 of the agreement, the promoter was liable to compensate the complainant for loss of rent, which was agreed at the rate of Rs.10/- per sq. ft. per month. This compensation, according to the complainant, worked out to Rs.5.04 Crores, calculat