LINKER SHELTER PVT. LTD. Vs. CHARMAINE CHOUGULE

JUDGEMENT

(1.) These four Second Appeals are arising out of common Judgment and Order 30/01/2024 passed by Maharashtra Real Estate Appellate Tribunal, Mumbai ('the Appellate Tribunal' for short) in Appeal Nos. AT001000000053706 of 2022, AT001000000053684 of2022, AT001000000053692 of 2022 and AT001000000053686 of 2022. The Appellant is a common developer. The Respondents are Complainants / Allottees in respect of flat nos. 4E-502, 4H-302, 4C-104 and 4E-504 in project Aaryavarta at Mahale Farm, Off Mumbai-Agra Road, Nashik ' 422009. By the said impugned Order, the common order dtd. 17/02/2022 passed in 4 complaints filed by Respondent allottees, was set aside and the Appellant/promoter was directed to refund to the Respondents all the amounts including amounts paid for taxes, registration fees etc. with interest from the date of receipt of the amount. It was directed that if there is failure to pay the said amount, the Appellant/Promoter will pay interest on the total outstanding amount as on 29/02/2024 till realization. Charge of this amount is continued on the respective flats till the amounts are refunded.

(2.) In this judgment, the Real Estate (Regulation and Development) Act, 2016 is referred to as 'the said Act". Completion Certificate is referred to as 'CC". Occupation Certificate is referred to as 'OC". Maharashtra Real Estate Regulatory Authority, Mumbai is referred to as 'MahaRERA".

(3.) By earlier order dtd. 19/06/2025, following two questions of law were framed by this Court and parties were heard on the said questions of law. Learned counsel for both sides have filed compilation of documents and referred to them. Considering the issues involved, the appeals are admitted on following substantial questions of law and heard finally by consent of parties.