GOPAKUMAR B NAIR Vs. K.V.SUGUNAN

JUDGEMENT

(1.) These four Miscellaneous Second Appeals are filed by the same Appellant who is the Promoter of the Project, under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the RERA') read with Sec. 100 of the Code of Civil Procedure.

(2.) The appellant was the complainant in the Complaint before the Adjudicating Officer claiming compensation from the Allottees of the Project. The Allottees filed Applications challenging the maintainability of the Complaints, and the Adjudicating Officer considered all the Applications together and passed a Common order allowing the Applications, holding that the Complaints filed by the Promoter for compensation under Ss. 19(6) & 19(7) of the RERA from the Allottees are not maintainable. The complainants filed Appeals before the Real Estate Appellate Tribunal, and the Appellate Tribunal dismissed the Appeals by a common order confirming the common order of the Adjudicating Officer.

(3.) The issue to be considered in these MSAs is whether the Promoter is entitled to file a Complaint before the Adjudicating Officer claiming compensation from the Allottee.