JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The bunch of appeals are preferred under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short ‘the Act, 2016’) proposing the following substantial question of Law :-

“A. Whether both the courts below have justified in not holding the fact that the applicant / respondent has not fulfilled the requirement of the agreement?

B. Whether both the courts below are justified in allowing the application/ complaint of the applicant?

C. Whether the learned Tribunal is justified in not holding the fact that the case was not maintainable before any authority under RERA act in view of the agreement dated 29.06.2022.

D. Whether the learned Appellate Tribunal was justified the holding the fact that the complain was not maintainable before RERA because the agreement was much prior before commencing of RERA Act.”

2. The facts of this case are that against the order passed by the Real Estate Regulatory Authority (for short ‘the RERA’) on 18.02.2021 whereby the appellant/promoter was directed to refund the amount obtained from the allottees along with interest within two months. The same was subject of challenge before the Real Estate Appellat