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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Gopakumar B. Nair, S/o. The Late Balakrishnan Nair – Appellant
Versus
K.V. Sugunan, S/o. Vasu – Respondent
JUDGMENT :
(M.A. Abdul Hakhim, J.)
1. These four Miscellaneous Second Appeals are filed by the same Appellant who is the Promoter of the Project, under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the RERA’) read with Section 100 of the Code of Civil Procedure.
2. The appellant was the complainant in the Complaint before the Adjudicating Officer claiming compensation from the Allottees of the Project. The Allottees filed Applications challenging the maintainability of the Complaints, and the Adjudicating Officer considered all the Applications together and passed a Common order allowing the Applications, holding that the Complaints filed by the Promoter for compensation under Sections 19(6) & 19(7) of the RERA from the Allottees are not maintainable. The complainants filed Appeals before the Real Estate Appellate Tribunal, and the Appellate Tribunal dismissed the Appeals by a common order confirming the common order of the Adjudicating Officer.
3. The issue to be considered in these MSAs is whether the Promoter is entitled to file a Complaint before the Adjudicating Officer claiming compensation from the Allottee.
4. I heard the learn
The Real Estate (Regulation and Development) Act does not grant promoters the right to claim compensation from allottees, and such claims must be pursued in civil court.
The Real Estate (Regulation and Development) Act does not provide promoters with a substantive right to claim compensation from allottees; claims must be pursued in civil courts.
The court upheld the requirement for total deposit of compensation and interest before hearing appeals under the Real Estate Act, affirming RERA's jurisdiction over disputes involving landowners as a....
The distinction between refund of amount and compensation under the 2016 Act, and the power of the Regulatory Authority and the Adjudicating Officer to decide such matters.
The High Court upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
The Association of Allottees is a necessary party in compensation claims for common area defects, while individual allottees can claim for their apartments without bifurcating compensation for shared....
A 'No Profit No Loss' organization must comply with the Real Estate Act's provisions, including registration and liability for compensation due to delays.
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