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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
M/S JEWEL HOMES PVT LTD – Appellant
Versus
JOHNY GEORGE – Respondent
| Table of Content |
|---|
| 1. delay in appealing under real estate act noted. (Para 2) |
| 2. court upholds decision of appellate tribunal on delay. (Para 3 , 5 , 7 , 8) |
| 3. alleged oversight in considering deposited amount. (Para 4) |
JUDGMENT
This appeal arises out of the order dated 15.01.2026 by the Kerala Real Estate Appellate Tribunal, Ernakulam, in refusing to condone the delay of 571 days in filing an appeal under Section 43 of the Real Estate (Regulation and Development) Act, 2016 .
2. From the records, it is clear that on a complaint filed under Sections 31 and 71 of the Real Estate (Regulation and Development) Act, 2016 , the original authority had passed an order on 01.02.2021 directing the appellants to refund an amount of Rs.25 lakhs with 14.05% interest per annum. The said order was challenged before the Real Estate Appellate Tribunal in REFA Nos.20 & 44/2021, which by order dated 28.10.2022 remanded the matter back to the adjudicating authority with a direction to recalculate the compensation and also decide on the quantum of interest which the builder is liable to pay. Accordingly, on 19.03.2024, the adjudicating authority ordered payment of the amount of Rs.25 lakhs in installments
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