JUDGMENT :

A. BADHARUDEEN, J.

1. M.S.A. No. 5 of 2023 is one filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (“the Act, 2016” hereinafter) arises out of order in REFA No. 47/2022 on the files of the Real Estate Appellate Tribunal, Ernakulam dated 16.11.2022 which emerges from the order dated 01.06.2022 in Suo Motu Complaint No. 1576/K-RERA/2021, on the files of the Real Estate Regulatory Authority. The appellant herein is Greeceland Foundation, the 1st respondent is the Kerala Real Estate Regulatory Authority and the 2nd respondent is the Greeceland Foundation Residents Welfare Association.

2. M.S.A. No. 7 of 2023 is an appeal arising out of the same order at the instance of Greeceland Foundation Residents Welfare Association. The respondents are Greeceland Foundation and the Kerala Real Estate Regulatory Authority.

3. The parties in these appeals will be referred as promoter and allottees, hereinafter for convenience.

4. Heard the learned Senior counsel appearing for the appellant/promoter and the learned counsel appearing for the respondents/allottees.

5. Precisely on the facts of this case, in a suo motu proceedings initiated by the Real Estate Regulat