SATYAM DEVELOPERS Vs. SAMA MOHAMAD SHARIF DALVI

JUDGEMENT

(1.) This appeal is filed under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (for short "RERA Act") challenging the order of Maharashtra Real Estate Appellate Tribunal (Appellate Tribunal) dtd. 22/7/2022. The questions of law raised in the appeal memo are reframed as under :

(2.) The Appellant is a promoter of a project called "Swaroop Harmony" located at Santacruz (East), Mumbai. The Respondents are allottees of a flat in the aforesaid project developed by the Appellant promoter.

(3.) On 2/6/2010, the Respondent allottees booked the flat for a total consideration of Rs.51,00,000.00 by paying a booking amount. The agreement for sale was executed in the year 2011 between the Appellant promoter and the Respondent allottees. In the complaint, the Respondent allottees stated that as per the agreement, the Appellant promoter was to handover the possession of the said flat to the Respondent allottees within a period of 30 months. However, no possession was handed over till the date of filing the complaint although, the Respondent allottees paid a substantial amount of Rs.46,83,788.00 to the Appellant promoter.