ORDER

The appellant has preferred this appeal under Section 58(1) of the Real Estate (Regulation and Development) Act, (‘the Act’ in short) 2016 under Civil Appellate jurisdiction, which has been registered a Second Appeal No. 132 of 2021 (Smt. Chandra Prabha Lal vs. M/s Hem Developers Pvt. Ltd) under Civil Appellate jurisdiction.

2. The appellant has assailed an order dated 22.01.2020 passed by the Real Estate Appellate Tribunal, Bihar (‘the Tribunal’ in short), in the present appeal.

3. The office has placed this matter on the point of maintainability with the following office notes: –

“(i) Miscellaneous Appeal under Section 58 of the RERA Act would be a proper forum and is to be incorporated in the software for filing an appeal against the aforesaid impugned order.

Or,

(ii) Special Category of Appeal i.e. RERA Appeal under Section 58 of the aforesaid RERA Act is to be incorporated in the software against the aforesaid impugned order

Or,

(iii) Any other order the Hon’ble Court may deem fit and proper.”

4. Two short questions which require consideration in view of the aforementioned o