JUDGMENT

Dated this the 18th day of January, 2024 This miscellaneous second appeal has been filed under Section 58(1) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the RERA Act, 2016', for convenience) read with Section 100 of the Code of Civil Procedure (hereinafter referred to as 'CPC', for short) at the instance of the original complainant in complaint No.33/2021 on the files of the Kerala Real Estate Regulatory Authority, Thiruvananthapuram. He assails the order in REFA No.57/2022 dated 09.11.2023 on the files of the Kerala Real Estate Appellate Tribunal, Ernakulam. The respondents herein are the respondents in the original complaint.

2. Heard the learned counsel for the appellant as well as the learned counsel appearing for the respondents in detail.

3. I shall refer the parties in this miscellaneous second appeal as 'complainant' and 'respondents' for convenience.

4. As per order dated 20.12.2023, this second appeal got admitted on raising the following substantial question of law:

“(i) Whether the Appellate Tribunal is justified in passing an open remand, requiring the entire proceedings to start afresh, since the only lacuna to be found i