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2023 Supreme(Ker) 658

A. BADHARUDEEN
NBCC (India) Limited – Appellant
Versus
Joshy Varghese, S/o. George – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ANEESH JAMES, JIJO THOMAS, M.D.BEENA, G.SHRIKUMAR
For the Respondent: ADV SAJI VARGHESE, SHERRY GEORGE CHERIAN

JUDGMENT :

These miscellaneous second appeals have been filed under Section 58(1) of the Real Estate (Regulation and Development) Act, 2016.

2. M.S.A. No.13 of 2023 arises out of order in REFA No.74/2022 dated 28.02.2023 on the files of the Kerala Real Estate Appellate Tribunal, Ernakulam and the order in Complaint No.90/2022 dated 26.07.2022 on the files of the Kerala Real Estate Regulatory Authority, Thiruvananthapuram. The appellants are the appellants in REFA No.74/2022 and the respondent is the original complainant in Complaint No.90/2022.

3. M.S.A. No.14 of 2023 arises out of order in REFA No.75/2022 dated 28.02.2023 on the files of the Kerala Real Estate Appellate Tribunal, Ernakulam and the order in Complaint No.120/2022 dated 26.07.2022 on the files of the Kerala Real Estate Regulatory Authority, Thiruvananthapuram. The appellants are the appellants in REFA No.75/2022 and the respondents are the original complainants in Complaint No.120/2022.

4. Heard the learned Senior counsel for the appellants as well as the learned counsel appearing for the respondents.

5. Both these appeals admitted on 08.06.2023, raising the following question of law:

    Whether the Kerala Real Estate Authori

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