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2022 Supreme(Ker) 400

M. R. ANITHA
Unnikrishnan Chandran Pillai – Appellant
Versus
Tata Reality Infrastructure Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JOHNSON GOMEZ, S.BIJU (KIZHAKKANELA), SANJAY JOHNSON, JOHN GOMEZ, SREEDEVI S., ENLIN MARY RODRIGUS, MOHAMED SHEHARAN, DINOOP P.D., SANJITH JOHNSON
For the Respondent: ISAAC THOMAS, V.ABRAHAM MARKOS, ABRAHAM JOSEPH MARKOS, P.G.CHANDAPILLAI ABRAHAM, ALEXANDER JOSEPH MARKOS, SHARAD JOSEPH KODANTHARA

JUDGMENT :

These appeals have been filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016, against the common order dated 12.08.2021 in REFA Nos.21 & 27 of 2021 on the files of the Kerala Real Estate Appellate Tribunal, Ernakulam.

2. M.S.A.No.4/2021 has been directed against the order in REFA No.21/2021 which was preferred against the order passed by the Kerala Real Estate Regulatory Authority (for short, K-RERA), Thiruvananthapuram on 16.10.2020 in Complaint No.185/2020 and M.S.A.No.5/2021 has been directed against the order in REFA No.27/2021 which was filed against the order of the learned Adjudicating Officer (A.O.) attached to K-RERA dated 23.04.2021 in CCP No.110/2020.

3. Appellant booked an apartment in July, 2019 in the multi-storied residential apartment project named 'Tritvam' at Marine Drive in Kochi launched by the first respondent. He paid total amount of Rs.16 lakhs towards advance amount. Advance payment was received by the first respondent before executing the agreement as provided under Section 13 of the Act. However, in October 2019, the promoter requested the appellant to make payment of the amount required for registration of the sale agre

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