JUDGMENT :

JITENDRA JAIN, J.

1. This appeal is filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short “RERA Act”) challenging the order of Maharashtra Real Estate Appellate Tribunal (Appellate Tribunal) dated 22nd July, 2022. The questions of law raised in the appeal memo are reframed as under:

“Q.1. Whether the Appellate Tribunal was justified in upholding the order of the Regulatory Authority on payment of interest under Section 18(1) of the RERA Act?

Q.2. Whether the Appellate Tribunal was justified in adjudicating the issue of termination of the agreement without any application by any of the parties for setting aside the termination?”

Narrative of Events:

2. The Appellant is a promoter of a project called “Swaroop Harmony” located at Santacruz (East), Mumbai. The Respondents are allottees of a flat in the aforesaid project developed by the Appellant promoter.

3. On 2nd June, 2010, the Respondent allottees booked the flat for a total consideration of Rs.51,00,000/- by paying a booking amount. The agreement for sale was executed in the year 2011 between the Appellant promoter and the Respondent allottees. In the complaint, the Respondent allottees s