JUDGMENT

The challenge in this MSA is to the order dated 29.09.2021 passed by the Kerala Real Estate Appellate Tribunal (K-REAT), Ernakulam in REFA No.19/2021. The sole respondent before the Tribunal is the appellant. On 14.05.2018, the parties entered into an agreement for the purchase of an apartment. Respondent Nos. 1 to 3 paid a sum of Rs.40,86,685/- as advance. Later, they claimed the advance amount with interest from the promoter. They filed Complaint No.207/2020 before the Kerala Real Estate Regulatory Authority (K-RERA). The promoter resisted the claim on the ground that the K-RERA is not the proper authority to decide the claim.

2. After hearing both sides, K-RERA found that it has no authority or jurisdiction to order return of advance amount under Section 18 (1) of the Real Estate (Regulation and Development) Act .

Accordingly, the complaint was dismissed.

3. The said order was challenged before the Tribunal. The Tribunal set aside the order of the K-RERA and remitted the matter for a decision afresh in terms of the common order dated 12.08.2021 in REFA Nos. 21 and 27 of 2021.

4. This order is challenged in this MSA. This Court framed the following substantial questions of l