1]

Heard finally, with the consent of the parties.

2]

This civil second appeal has been filed under Section 58 of

the Real Estate (Regulation and Development) Act, 2016 (in short

'the Act of 2016') and under Section 100 of the Code of Civil

Procedure, 1908 against the judgement dated 07.06.2021, passed by

Member, Madhya Pradesh Real Estate Appellate Tribunal at Bhopal

in Appeal No.A-135/2019, thereby reversing the order dated

10.06.2019, passed by the M.P. Real Estate Regulatory Authority

(in short, RERA) in Case No.M-IND-17-0761 of 2017.

3]

This appeal was admitted by this Court vide order dated

05.10.2021, on the following substantial question of law:-

“1) Whether the impugned judgment can be sustained in

the eyes of law, as it has been passed by one Member

(Judicial) of the Appellate Tribunal, despite the fact

that, as per Section 45 of the M.P. Real Estate

(Regulatory Authority) Act, 2016 the Appellate

Tribunal shall consist of a Chairperson and not less

than two whole time Members of which one shall be

Judicial Member and the other shall be a Technical

or Administrative Member.”

4]

Counsel for the appellants has filed an application I. A. No.

3758 of 2023 under proviso to Sect