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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
Artech Realtors Private Limited – Appellant
Versus
Savithri K. W/o Salahudeen – Respondent
JUDGMENT :
1. This appeal is filed challenging the order dated 01.11.2024 in I.A. No.400 of 2024 in REFA No.122 of 2024 of the Kerala Real Estate Appellate Tribunal, Ernakulam. The said REFA was filed challenging the order dated 24.06.2024 in Complaint No.47 of 2022 of the Kerala Real Estate Regulatory Authority, Thiruvananthapuram. Appellants herein were the appellants before the Tribunal and respondents 1 and 2 before the Authority. Respondents herein were the respondents before the Tribunal and the complainant and 3rd respondent respectively before the Authority.
Brief facts:
2. The 1st respondent (complainant) is an allottee and appellants (respondent Nos.1 and 2) are the promoters of the project 'Artech Empire' at Pattoor, Thiruvananthapuram. An agreement of sale dated 03.10.2015 and agreement for construction dated 03.10.2015 had been entered into between the 1st respondent and appellants. Subsequently disputes arose between the parties on various counts and the complainant referred Complaint No.47 of 2022 before the Regulatory Authority inter alia seeking to direct the appellants to convey/transfer the title of the land and building, undivided share of 1.22 cents of land and ap
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The requirement of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 is mandatory for promoters appealing against orders, with no discretion to waive this re....
Lack of payment of higher amount of pre-deposit - Statutory conditions requiring pre deposit to be made with respect to disputed demand of penalty (where a minimum 30% was required to be deposited an....
The mandatory pre-deposit under Section 43(5) of the Real Estate Regulation and Development Act cannot be substituted with a bank guarantee, as the ordered amount is compensation.
The pre-deposit requirement under Section 43(5) of the Real Estate Act is obligatory, and cannot be replaced with security measures like a Bank Guarantee.
Mandatory pre-deposit under Section 43(5) of the Act is compulsory for admitting appeals before the Appellate Tribunal.
In compensation claims under the Real Estate (Regulation and Development) Act, a promoter must deposit only 30% to entertain an appeal, contrary to 100% for return of amounts, as clarified by the Sup....
Pre-deposit under Section 43(5) of the Real Estate Act must be refunded post-appeal resolution, safeguarding allottee interests.
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