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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
K. Bharathan s/o Mullappily Balakrishnan Nair – Appellant
Versus
Top Crystal Owners Association – Respondent
| Table of Content |
|---|
| 1. the appeal concerns registration requirements under the real estate act. (Para 1 , 2) |
| 2. arguments presented by appellants and respondents regarding the applicability of the act. (Para 5 , 6) |
| 3. interpretation of statutory provisions emphasizing buyer protections. (Para 10 , 11 , 13) |
| 4. court mandates registration due to completion of transactions post-enactment. (Para 12) |
| 5. final decision dismissing the appeal and enforcing legislative provisions. (Para 14) |
JUDGMENT :
EASWARAN S., J.
1. Interpretation of Section 3 of the Real Estate (Regulation and Development) Act, 2016 falls for consideration in this appeal. The present appeal arises out of the order passed by the Kerala Real Estate Appellate Tribunal, Ernakulam dated 28.05.2025 in REFA No. 44 of 2025 affirming the interim order passed in Complaint No. 160 of 2023 by the Kerala Real Estate Regulatory Authority, Thiruvananthapuram dated 23.01.2025.
2. The brief facts necessary for the disposal of the appeal are as follows:
2.1. The 1st appellant is the proprietor of the company named ‘Top Constructions’, which constructed the Flat in the name ‘Top Crystal Apartments’ in Thrissur district. The allottees of the said apar
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