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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Jacob Eapen Sam – Appellant
Versus
Varghese Nettikadan – Respondent
| Table of Content |
|---|
| 1. overview of appeal background (Para 1 , 2) |
| 2. nature of complaints and adjudicator's findings (Para 3 , 4 , 5) |
| 3. tribunal's decision on adjudicator's order (Para 6 , 7) |
| 4. substantial questions of law raised (Para 8 , 9) |
| 5. appellants' counsel arguments (Para 12 , 13) |
| 6. points arising for consideration (Para 15 , 16) |
| 7. tribunal's power of remand (Para 18 , 19 , 20) |
| 8. association of allottees' rights (Para 22 , 23) |
| 9. bifurcation of compensation (Para 24 , 25 , 26) |
| 10. procedural considerations and findings (Para 27 , 28 , 29) |
| 11. final rulings and orders (Para 30 , 31) |
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. Both these Miscellaneous Second Appeals are filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the Act’) against the Order of the Real Estate Appellate Tribunal (hereinafter referred to as ‘the Tribunal’) in REFA No.28 of 2024 arising from the Order of the Adjudicating Officer in CCP No.35 of 2022. Hence, both these Appeals are disposed of by a common judgment.
2. The Appellants in MSA No.12/2025 were the Complainants and the Appellants in MSA No.15/2025 were the Respondent Nos.1 to 3 before the Adjudicating Office
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....
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 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 jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.
Section 37 provides that K-RERA for the purpose of discharging its functions under the provisions of Act or Rules or Regulations can issue directions from time to time to promoters allottees or real ....
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....
Basement – The complainants have miserably failed to establish that basement or the parking area are common areas available to them so as to contravene Clause 15 of the agreement.
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