ARTECH REALTORS PVT. LTD. Vs. SAVITHRI

JUDGEMENT

(1.) This appeal is filed challenging the order dtd. 1/11/2024 in I.A.No.400 of 2024 in REFA No.122 of 2024 of the Kerala Real Estate Appellate Tribunal, Ernakulam. The said REFA was filed challenging the order dtd. 24/6/2024 in Complaint No.47 of 2022 of the Kerala Real Estate Regulatory Authority, Thiruvananthapuram. Appellants herein were the appellants before the Tribunal and respondents 1 and 2 before the Authority. Respondents herein were the respondents before the Tribunal and the complainant and 3rd respondent respectively before the Authority.

(2.) The 1st respondent (complainant) is an allottee and appellants (respondent Nos.1 and 2) are the promoters of the project 'Artech Empire' at Pattoor, Thiruvananthapuram. An agreement of sale dtd. 3/10/2015 and agreement for construction dtd. 3/10/2015 had been entered into between the 1 st respondent and appellants. Subsequently disputes arose between the parties on various counts and the complainant referred Complaint No.47 of 2022 before the Regulatory Authority inter alia seeking to direct the appellants to convey/transfer the title of the land and building, undivided share of 1.22 cents of land and apartment number 7A in the apartment complex 'Artech Empire' in the name of the complainant. After completion of pleadings by both sides, the Regulatory Authority framed two points for consideration and the parties tendered evidence thereupon. Exts.A1 to A8 were marked by the 1st respondent and Ext.B1 was marked by the appellants. The Regulatory Authority vide its order dtd. 24/6/2024 disposed of the complaint directing as follows:

(3.) The following substantial questions of law were framed for consideration in this appeal: