IMPORTANT POINT
The Real Estate (Regulation and Development) Act, 2016 provides distinct remedies for refund and compensation, and the unqualified right of an allottee to get a refund of the amount deposited with the promoter. The Act also emphasizes the role of regulatory bodies in enforcing industry accountability and transparency.

JUDGMENT :

Heard Mr. P. Saikia, learned counsel for the appellant. Also heard Mr. M. Dutta, learned counsel for the respondent.

2. This is an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 read with Section 100 of the Code of Civil Procedure, 1908, preferred by the appellant, against the judgment and order dated 25.04.2023, passed by the Assam Real Estate Appellate Tribunal, Guwahati in REAT/ASSAM/Appeal No. 13/2022, arising out of RERA Complaint No. RERA/ASSAM/COM/2021/53, whereby the learned Tribunal dismissed the appeal filed by the appellant.

3. The brief facts of the case is that the appellant is the proprietor of M/S Bipul Construction, a registered proprietorship Firm/Builders/Promoters dealing with Real Estate/Construction of Flats/Apartments/Residential Units and allied business having its registered Office at Bipul Complex, 3rd Floor, Maligaon Chariali, District Kamrup (M), Assam. On the strength of Irrevocable General Power of Attorney vide Deed No. 3710/13, dated 15.10.2013, and 3167/14, dated 29.08.2014, and Deed of Agreement for Development being Deed No. 463/13, dated 15.10.2013, and Deed No. 3167/14, dated 29.08.2014, executed by and between Shri Amal Kumar and Hem Chandra Kumar, both are the son of Late Dambari Dhar Kumar, resident of Maligaon, the said M/S Bipul Construction was empowered and authorized to construct a multi-storied apartment/building/flats on the plot of land.

4. The respondent accordingly executed an individual Agreement for Sale of Flat/Residential Unit with the appellant in the year 2016, whereby, the appellant Firm agreed to sale an individual Residential Unit/Flat, as prescribed in the Agreement dated 30.01.2016, along with proportionate undivided share of plot of land, more specifically described in the Schedule. The said Flat was under the name and style “Radhika Enclave”. As per the Agreement for Sale, the appellant agreed to sale a unit of residential flat in the said “Redhika Enclave”, Flat No. C-1 on 3rd Floor measuring 1022 Sq. Ft. (Carpet area) under certain conditions, as prescribed in the Agreement for Sale dated 30.01.2016, in a total consideration amount of Rs. 50,00,000/- (Rupees fifty lakhs) only and it was agreed by both the parties that the payment of the said consideration will be determined as per the payment schedule stated in the Agreement. The parties also agreed that the respondent/complainant will pay an amount of Rs. 10,00,000/- (Rupees ten lakhs) only as advance payment against the total consideration and balance payment will be made as per the terms in the Agreement. Accordingly, the respondent paid an amount of Rs. 10,00,000/- (Rupees ten lakhs) only as advance payment by way of 2 (two) bank cheques before the date of execution of the said Agreement. On the basis of the Clause 1 of the Agreement, the respondent is required to pay next payment of Rs. 5,00,000/- (Rupees five lakhs) at the time of the First Slab Casting. But the respondent failed to comply with the conditions and had not paid any amount to the appellant at the time of First Slab Casting. Alternatively, he has not made any request to extend further time to comply with the said mandate, though the appellant on various occasion requested the respondent to make the payment. Thus, there was no any alternative option left to the appellant apart from presuming that the respondent had abandoned the deal as he is not showing any interest to discharge his duties and responsibilities. But, to utter shock and surprise, the appellant received a notice in the month of November, 2022 from the learned Real Estate Regulatory Authority, Guwahati (in short ‘RERA’) and then only the appellant came to know about the pendency of the RERA Case No. RERA/ASSAM/COM/2021/53 filed by the respondent before the RERA. Immediately, the appellant applied for the certified copies of the impugned orders dated 13.10.2022 and 07.11.2022, which was received by him on 16.11.2022 and 01.12.2022, respective