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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
RAJIV NAHAR – Appellant
Versus
C. GOPAKUMAR – Respondent
| Table of Content |
|---|
| 1. this case arises from a refund complaint against a real estate project. (Para 1 , 2) |
| 2. disputed liability of directors regarding construction project finances. (Para 4 , 5 , 6) |
| 3. jurisdiction of the tribunal on promoter definition must be clarified. (Para 7 , 9 , 11) |
| 4. court reverses pre-deposit requirement based on definitions of liability. (Para 10 , 12 , 13) |
JUDGMENT
This appeal arises out of the order passed by the Kerala Real Estate Appellate Tribunal, Ernakulam, on 13.08.2025, in rejecting an appeal preferred by the appellants against an order dated 10.03.2023 passed by the Kerala Real Estate Regulatory Authority, Thiruvananthapuram, on a complaint preferred by the
1st respondent.
2. The brief facts necessary for the disposal of the appeal are as follows:
A complaint was instituted by the 1st respondent seeking for return of the amount which he has deposited for the purpose of purchase of a flat in the project undertaken by respondents 2 to 6. Various disputes stemmed out of the operation of the project. Inter se disputes also cropped up between the directors of the company. The appellants claim that they were not permitted to participate in the various affairs
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