JUDGMENT :

The appeal has been preferred against the order dated 08.03.2022 of the Kerala Real Estate Appellate Tribunal in REFA No.45 of 2021. The appellants had preferred a complaint before the Real Estate Regulatory Authority stating that the appellants had entered into an agreement with the respondents on 04.01.2011 for sale of a unit numbered as 12G and as per the agreement, the respondents were to provide a covered car park. It is submitted that despite several letters issued between 2011 and 2018, no covered car park has been provided and the respondents had only issued a letter permitting the use of an adjacent land for parking on a temporary basis. It is further submitted that even though there was an agreement for transfer of a covered car park, the sale deed does not take in the car parking space. According to the appellants, they had pointed out this aspect to the promoter and the promoter had assured that it will be rectified. The question to be considered is whether the project in which the appellants had purchased the apartment is an “ongoing project” on the appointed day so as to bring the project within the purview of the Real Estate (Regulation and Development) Act