JUDGMENT :

1. The appellants were the respondents 1 to 3 in Complaint No. 58/2021 before the Kerala Real Estate Regulatory Authority (for short ‘the K-RERA’) filed by the 1^st respondent/Apartment Owners Association. The 2^nd respondent/Allottee also had filed Complaint No.113/2021 against the appellants.

2. The K-RERA considered the maintainability of the complaints and by its Order dated 06.10.2021 dismissed both the complaints holding that the Project by name ‘Kannur Heights Apartments’ was completed in the year 2009 and Occupancy Certificate was obtained on 29.08.2009 prior to the commencement of the Real Estate (Regulation and Development) Act, 2016 (for short ‘the Act’).

3. The complainant in Complaint No.58 alone filed Appeal before the Appellate Tribunal as REFA No.4/2022. The complainant in Complaint No.113/2021 filed A.R.No.113/2021 in this Court to initiate arbitration proceedings for redressal of his grievance and this Court by Order dated 25/11/2022 dismissed Arbitration Request holding that since the said complainant has already approached the K-RERA, he has waived his right to invoke the provisions of the Arbitration and Conciliation Act, 1996.

4. The Appellate Tribunal al