JACOB EAPEN SAM Vs. VARGHESE NETTIKADAN

JUDGEMENT

(1.) Both these Miscellaneous Second Appeals are filed under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act') against the Order of the Real Estate Appellate Tribunal (hereinafter referred to as 'the Tribunal') in REFA No.28 of 2024 arising from the Order of the Adjudicating Officer in CCP No.35 of 2022. Hence, both these Appeals are disposed of by a common judgment.

(2.) The Appellants in MSA No.12/2025 were the Complainants and the Appellants in MSA No.15/2025 were the Respondent Nos.1 to 3 before the Adjudicating Officer. The Complainants are the Allottees, and the Respondents 1 to 3 are the Promoters of the Apartment building by the name 'Sparkle Spaces' launched by the Respondent Nos.1 to 3. The Respondent No.4 was the Architectural Firm of the Project, which did not appear either before the Adjudicating Officer or before the Tribunal. It did not appear in these Appeals either.

(3.) The apartment building has 15 numbers of Apartments. The Complaint was filed by 13 persons, of whom 9 are Apartment Owners and 4 are occupants in 4 Apartments. They claimed Rs.85,00,000.00 towards costs of rectification of the defects to the Apartment building, Rs.7,00,000.00 each towards the cost of purchasing water at commercial rate on account of the delay in providing water connections, and Rs.10,00,000.00 each towards mental agony.