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2024 Supreme(Ker) 1682

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM
Shwas Builders and Developers Pvt. Ltd. – Appellant
Versus
Premchand Surendran – Respondent


Advocates Appeared:
For the Appellants : S.S. Aravind, P.B. Krishnan

JUDGMENT :

M.A. ABDUL HAKHIM, J.

1. The respondents 1 to 4 in Complaint No.37/2023 of the Kerala Real Estate Regulatory Authority (the K-RERA) are the appellants in the Miscellaneous Second Appeal filed under Section 58 of the Real Estate (Regulation and Development Act, 2006 (the RERA). The respondent is the complainant in the said complaint.

2. The parties are referred to according to their status before the K-RERA.

3. The complainant is an allottee in the Villa Project by name ‘Epcot County’ launched by the 1st respondent. The 1st respondent is a private limited company engaged in the business of development and construction of real estate projects. The respondents 2 to 4 are its Directors. The 4th respondent is the landowner of the Project also. The 5th respondent is another private limited company, which is a sister concern of the 1st respondent.

4. The complainant filed the complaint claiming amounts under various heads from the respondents alleging various defects, deficiency and delay from the part of the respondents with respect to the real estate project.

5. When the complaint was taken on file, the K-RERA found that the Real Estate Project of the 1st respondent requires regi

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