TANU CONSTRUCTION Vs. NAND KISHORE PATEL

JUDGEMENT

(1.) The bunch of appeals are preferred under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (for short 'the Act, 2016') proposing the following substantial question of Law :-

(2.) The facts of this case are that against the order passed by the Real Estate Regulatory Authority (for short 'the RERA') on 18/2/2021 whereby the appellant/promoter was directed to refund the amount obtained from the allottees along with interest within two months. The same was subject of challenge before the Real Estate Appellate Tribunal (for short 'the Tribunal') wherein the Tribunal dismissed the said appeals. Hence, the present appeals are before this court projecting the substantial question of law.

(3.) The allottees preferred an application before the RERA pleading, inter alia, that certain agreement was entered in between the parties for allotment of 1BHK House for different consideration. According to the agreement so entered, the amount was required to be paid in installment almost nearing half of the installment having been paid and few of the allottees have even paid the full installment, they found that no development has taken place over the land/plot on which the house was promised to be constructed. Therefore, since the project was continuing incomplete, they filed the application before the RERA.