TRISHUL DEVELOPERS Vs. BALAN PARAVANTAVIDA

JUDGEMENT

(1.) These Writ Petitions lay a challenge to the orders of the Karnataka Real Estate Regulatory Authority, Bangalore, whereby the complaints of the private Respondents having been favoured, a direction has been issued for the refund of amount paid, of course, with interest.

(2.) Learned Senior Advocate appearing for the Petitioner placing reliance on NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD VS. STATE OF UP AND OTHERS, 2021 SCC OnLine SC 1044 submits that the Authority lacks the authority to pass orders of the kind and therefore, the impugned orders are liable to be voided.

(3.) After service of notice, the Respondents have entered appearance through their Advocates. Learned counsel appearing for the private Respondents based upon some observations at paragraph 83 in the same decision contends that the impugned orders have been passed with jurisdiction; that the Petitioners have got an alternate & equally efficacious alternate remedy and therefore, they will be relegated to the appellate forum. Learned Panel Counsel appearing for RERA in all fairness agrees with the position of law as put forth by the Petitioners in the light of Apex Court decision cited supra.