IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND RERA APPEAL NO. 47 OF 2025 BETWEEN:

M/S. RAJA HOUSING LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT PRESTIGE BLUE CHIP SOFTWARE PARK, BLOCK 2, MEZZANINE FLOOR, HOSUR MAIN ROAD, ADUGODI, KORAMANGALA, Digitally signed by K G BENGALURU-560 029.

RENUKAMBA Location: HIGH COURT OF ALSO AT:

KARNATAKA M/S. RAJA HOUSING LIMITED, F-2, RAJA MAHALAKSHMI, NO.12, BASAPPA ROAD, SHANTHINAGAR, BENGALURU-560 027. REPRESENTED BY ITS AUTHORIZED SIGNATORY MANAGING DIRECTOR, MR. RAJA SUCHINDRA, S/O LATE RAJA JAYASHANKAR, AGED ABOUT 56 YEARS …APPELLANT (BY SRI. V.B. SHIVAKUMAR, ADVOCATE)

AND:

1. THE KARNATAKA REAL ESTATE REGULATION AUTHORITY

2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU 560 027, REP BY ITS SECRETARY.

2. MR. SHUBRAMANI MAZUMDAR, S/O LATE PATEL R KRISHNA REDDY, AGED ABOUT 38 YEARS, R/A F-108, BLOCK-B, NANDI SUNRISE APARTMENTS, DODDANEKUNDI, MARATHAHALLI, BENGALURU - 560 037.

3. MRS. IPSHITA DUTTA, W/O SHUBRAMANI MAZUMDAR, AGED ABOUT 36 YEARS, R/A F-108, BLOCK-B, NANDI SUNRISE APARTMENTS, DODDANEKUNDI, MARATHAHALLI, BENGALURU-560 037.

…RESPONDENTS (BY SRI. K.V. GIRISH, ADVOCATE FOR R1;

SRI. MADAN.K.S., ADVOCATE FOR R2 AND R3)

THIS RERA.APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT 2016, PRAYING TO SET ASIDE THE FOLLOWING ORDERS. (I) JUDGEMENT DATED 06.03.2025 PASSED IN APPEAL NO. (K-REAT) 36/2024 PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BENGALURU. (II) ORDER DATED 06.02.2024 PASSED BY THE FIRST RESPONDENT THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, BENGALURU IN COMPLAINT NO.CMP/.221226/0010526.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel for the appellant.

2. This appeal has been filed seeking to set aside the judgment dated 06.03.2025 passed by the Karnataka Real Estate Appellate Tribunal, Bengaluru, in appeal No.[K - REAT] 36/2024. It appears that an Agreement to Sell dated 17.08.2019 was entered into between the appellant and one Sri. K. Purushotham Reddy through its General Power of Attorney Holder in favour of the respondents. By means of this Agreement, apartment unit bearing No.104 in a real estate project known as "Raja Ritz Avenue" developed by the appellant - M/s. Raja Housing Limited was agreed to be sold was agreed to be sold for a total Sale Consideration of Rs.81,04,380/-. As per the terms of the Agreement to Sell, the appellant had agreed to handover possession of the apartment unit on or before 31.12.2021. In view of the failure of the appellant to deliver possession within the stipulated time, the allottees / respondents filed a complaint before the Karnataka Real Estate Regulatory Authority, RERA Authority under Section 31 of the Real Estate [Regulation and Development] Act, 2016 for the relief of compensation by way of interest for every month of the delayed period. By means of the impugned order of 06.02.2024 passed by the first respondent - Authority, the complaint bearing No.CMP/221226/0010526 was allowed and the appellant was directed to pay a sum of Rs.13,62,900/- to the respondents towards delayed period interest calculated at the rate of SBI MCLR + 2% from 31.12.2021 till 02.11.2023. Aggrieved by the said order, the appeal was filed by the appellant before the Appellate Tribunal, which came to be dismissed by means of the impugned order of

06.03.2025.

3. The contention of the learned counsel for the appellant is that during the period when the Agreement to Sell was entered into by the parties, there was COVID-19 Pandemic, and in view of the notifications issued by the Central Government and the R