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Gopakumar B Nair vs K.V.Sugunan
2025 Latest Caselaw 3059 Ker

Citation : 2025 Latest Caselaw 3059 Ker
Judgement Date : 30 January, 2025

Kerala High Court

Gopakumar B Nair vs K.V.Sugunan on 30 January, 2025

MSA Nos.8, 9, 10 & 11 of 2025

                                         1

                                                                2025:KER:7394
                                                                           CR

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

         THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946

                                 MSA NO. 8 OF 2025

        AGAINST THE ORDER DATED 16.01.2025 IN REFA NO.154 OF 2024 OF KERALA

REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM ARISING OUT OF THE ORDER DATED

09.12.2024 IN I A NO. 208 IN CCP NO.31 OF 2024 OF KERALA REAL ESTATE

REGULATORY AUTHORITY, THIRUVANANTHAPURAM


APPELLANT/APPELLANT IN REFA/RESPONDENT IN THE I.A IN THE CCP/PETITIONER
IN THE CCP:

              GOPAKUMAR B NAIR
              AGED 59 YEARS
              S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER,
              SOLE PROPRIETOR, GBN SPACES, 5A SKYLINE PLAZA APARTMENTS,
              VELLAYAMBALAM, SASTHAMANGALAM P.O, THIRUVANANTHAPURAM, PIN -
              695010


              BY ADVS.
              C.S.MANU
              DILU JOSEPH
              C.A.ANUPAMAN
              T.B.SIVAPRASAD
              NEETHU.K.SHAJI
              C.Y.VIJAY KUMAR
              MANJU E.R.
              ANANDHU SATHEESH
              ALINT JOSEPH
              PAUL JOSE
              DAINY DAVIS
              MAHESH KUMAR K.
 MSA Nos.8, 9, 10 & 11 of 2025

                                      2

                                                            2025:KER:7394

RESPONDENTS/ADJUDICATING OFFICER/RESPONDENTS IN THE REFA/PETITIONERS IN
THE I.A IN THE CCP/RESPONDENTS IN THE CCP:

      1       K.V.SUGUNAN
              AGED 62 YEARS
              S/O.VASU, 'SREE LAKSHMI' , KAIRALI NAGAR, 62, KURAVANKONAM,
              KOWDIYAR P.O., THIRUVANANTHAPURAM, PIN - 695003

      2       MINI SUGUNAN
              W/O. K.V.SUGUNAN 'SREE LAKSHMI' , KAIRALI NAGAR, 62,
              KURAVANKONAM, KOWDIYAR P.O., THIRUVANANTHAPURAM, PIN -
              695003

      3       THE ADJUDICATING OFFICER
              KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM,
              PIN - 695004



OTHER PRESENT:

              SRI.C.M.NAZAR-SC


       THIS MISC. SECOND APPEAL HAVING COME UP FOR ADMISSION ON 30.01.2025,
ALONG WITH MSA.9/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 MSA Nos.8, 9, 10 & 11 of 2025

                                           3

                                                                  2025:KER:7394

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

         THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946

                                   MSA NO. 9 OF 2025

        AGAINST THE ORDER       DATED 16.01.2025 IN REFA NO.155 OF 2024 OF KERALA

REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM ARISING OUT OF THE ORDER         DATED

09.12.2024 IN IA 209/2024 IN CCP NO.32 OF 2024 OF KERALA REAL ESTATE

REGULATORY AUTHORITY, THIRUVANANTHAPURAM


APPELLANT/APPELLANT IN REFA/RESPONDENT IN THE I.A IN THE CCP/PETITIONER
IN THE CCP:

              GOPAKUMAR B NAIR
              AGED 59 YEARS
              S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER,
              SOLE PROPRIETOR, GBN SPACES, 5A SKYLINE PLAZA APARTMENTS,
              VELLAYAMBALAM, SASTHAMANGALAM P.O, THIRUVANANTHAPURAM, PIN -
              695010


              BY ADVS.
              C.S.MANU
              DILU JOSEPH
              C.A.ANUPAMAN
              T.B.SIVAPRASAD
              NEETHU.K.SHAJI
              C.Y.VIJAY KUMAR
              MANJU E.R.
              ANANDHU SATHEESH
              ALINT JOSEPH
              PAUL JOSE
              DAINY DAVIS
              MAHESH KUMAR K.
 MSA Nos.8, 9, 10 & 11 of 2025

                                      4

                                                            2025:KER:7394

RESPONDENTS/ADJUDICATING OFFICER/RESPONDENTS IN THE REFA/PETITIONERS IN
THE I.A IN THE CCP/RESPONDENTS IN THE CCP:


      1       DR. S. KRISHNA KUMAR
              AGED 83 YEARS
              RESIDING AT MERA 62, KRISHNA SREELAKAM, CHALAKUZHI, MEDICAL
              COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011

      2       PROF. S. AMBIKA DEVI
              W/O DR. S. KRISHNAKUMAR, MERA 62, KRISHNA SREELAKAM,
              CHALAKUZHI, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN -
              695011

      3       ADJUDICATING OFFICER
              KERALA RELA RSTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM,
              PIN - 695004



OTHER PRESENT:

              SRI.C.M.NAZAR-SC


       THIS MISC. SECOND APPEAL HAVING COME UP FOR ADMISSION ON 30.01.2025,
ALONG WITH MSA.8/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 MSA Nos.8, 9, 10 & 11 of 2025

                                           5

                                                                  2025:KER:7394

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

         THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946

                                  MSA NO. 10 OF 2025

        AGAINST THE ORDER       DATED 16.01.2025 IN REFA NO.156 OF 2024 OF KERALA

REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM ARISING OUT OF THE ORDER         DATED

09.12.2024 IN IA NO.210/2024 IN CCP NO.33 OF 2024 OF KERALA REAL ESTATE

REGULATORY AUTHORITY, THIRUVANANTHAPURAM


APPELLANT/APPELLANT IN REFA/RESPONDENT IN THE I.A IN THE CCP/PETITIONER
IN THE CCP:

              GOPAKUMAR B NAIR
              AGED 59 YEARS
              S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER,
              SOLE PROPRIETOR, GBN SPACES, 5A SKYLINE PLAZA APARTMENTS,
              VELLAYAMBALAM, SASTHAMANGALAM P.O, THIRUVANANTHAPURAM, PIN -
              695010


              BY ADVS.
              C.S.MANU
              DILU JOSEPH
              C.A.ANUPAMAN
              T.B.SIVAPRASAD
              NEETHU.K.SHAJI
              C.Y.VIJAY KUMAR
              MANJU E.R.
              ANANDHU SATHEESH
              ALINT JOSEPH
              PAUL JOSE
              DAINY DAVIS
              MAHESH KUMAR K.
 MSA Nos.8, 9, 10 & 11 of 2025

                                      6

                                                            2025:KER:7394

RESPONDENTS/ADJUDICATING OFFICER/RESPONDENTS IN THE REFA/PETITIONERS IN
THE I.A IN THE CCP/RESPONDENTS IN THE CCP:

      1       AJITH KUMAR HARIDAS
              S/O LATE N.HARIDAS, PRESENTLY AT 14816, KEEN ELAND CIRCLE,
              NORTH POTOMAC, MARYLAND-20878, USA, HAVING PERMANENT ADDRESS
              AT TC 28/2347,PADMALAYAM, VANCHIYOOR P.O.,
              THIRUVANANTHAPURAM, PIN - 695001, REP.BY POWER OF ATTORNEY
              HOLDER DR.THAMPI PRABHAKARAN, AGED 56 YEARS, KARTHIKA,
              CHARLES LANE, BURMA ROAD, KUMARAPURAM, MEDICAL COLLEGE
              P.O.,THIRUVANANTHAPURAM, PIN - 695011

      2       DR. JAYA VIJAYAN
              W/O AJITHKUMAR HARIDAS,PRESENTLY AT 14816, KEEN ELAND
              CIRCLE, NORTH POTOMAC, MARYLAND-20878, USA, HAVING PERMANENT
              ADDRESS AT TC 28/2347,PADMALAYAM, VANCHIYOOR P.O.,
              THIRUVANANTHAPURAM, PIN - 695001, REP.BY POWER OF ATTORNEY
              HOLDER DR.THAMPI PRABHAKARAN, AGED 56 YEARS, KARTHIKA,
              CHARLES LANE, BURMA ROAD, KUMARAPURAM, MEDICAL COLLEGE
              P.O.,THIRUVANANTHAPURAM, PIN - 695011

      3       ADJUDICATING OFFICER
              KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM,
              PIN - 695004



OTHER PRESENT:

              SRI.C.M.NAZAR-SC


       THIS MISC. SECOND APPEAL HAVING COME UP FOR ADMISSION ON 30.01.2025,
ALONG WITH MSA.8/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 MSA Nos.8, 9, 10 & 11 of 2025

                                           7

                                                                  2025:KER:7394

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

         THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946

                                  MSA NO. 11 OF 2025

        AGAINST THE ORDER       DATED 16.01.2025 IN REFA NO.157 OF 2024 OF KERALA

REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM ARISING OUT OF THE ORDER         DATED

09.12.2024 IN IA NO.211 OF 2024 IN CCP NO.34 OF 2024 OF KERALA REAL ESTATE

REGULATORY AUTHORITY, THIRUVANANTHAPURAM


APPELLANT/APPELLANT IN REFA/RESPONDENT IN THE I.A IN THE CCP/PETITIONER
IN THE CCP:

              GOPAKUMAR B NAIR
              AGED 59 YEARS
              S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER,
              SOLE PROPRIETOR, GBN SPACES, 5A SKYLINE PLAZA APARTMENTS,
              VELLAYAMBALAM, SASTHAMANGALAM P.O, THIRUVANANTHAPURAM, PIN -
              695010


              BY ADVS.
              C.S.MANU
              DILU JOSEPH
              C.A.ANUPAMAN
              T.B.SIVAPRASAD
              NEETHU.K.SHAJI
              C.Y.VIJAY KUMAR
              MANJU E.R.
              ANANDHU SATHEESH
              ALINT JOSEPH
              PAUL JOSE
              DAINY DAVIS
              MAHESH KUMAR K.
 MSA Nos.8, 9, 10 & 11 of 2025

                                      8

                                                            2025:KER:7394

RESPONDENTS/ADJUDICATING OFFICER/RESPONDENTS IN THE REFA/PETITIONERS IN
THE I.A IN THE CCP/RESPONDENTS IN THE CCP:

      1       RAMACHANDRAN NAIR
              AGED 70 YEARS
              ANJANA HOUSE, RAMAPURAM, KEERIKKAD P.O., ALAPPUZHA - 690508,
              NOW RESIDING AT KEDARAM, KOONAYIL, PARAVOOR, KOLLAM, PIN -
              691301

      2       ADJUDICATING OFFICER
              KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM,
              PIN - 695004



OTHER PRESENT:

              SRI.C.M.NAZAR-SC


       THIS MISC. SECOND APPEAL HAVING COME UP FOR ADMISSION ON 30.01.2025,
ALONG WITH MSA.8/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 MSA Nos.8, 9, 10 & 11 of 2025

                                       9

                                                                2025:KER:7394

                                                                         CR


                                 JUDGMENT

[MSA Nos.8/2025, 9/2025, 10/2025, 11/2025]

Dated this the 30th day of January, 2025

1. These four Miscellaneous Second Appeals are filed by the

same Appellant who is the Promoter of the Project, under

Section 58 of the Kerala Real Estate (Regulation and

Development) Act, 2016 (hereinafter referred to as 'the RERA')

read with Section 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 Sections 19(6) & 19(7) MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 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.

4. I heard the learned counsel for the appellant, Sri.C.S.Manu and

the learned Standing Counsel for the Kerala Real Estate

Regulatory Authority(K-RERA), Sri. C.M. Nasar.

5. The learned counsel for the appellant contended that the

Promoter has the right to claim compensation from the Allottees

under Sections 19(6) & 19(7) of the RERA. Section 19(6)

mandates an obligation to the Allottees to make necessary

agreed payments within the agreed time, and hence the

corresponding right in favour of the Promoter to claim MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 compensation from the Allottee in case of breach of such

obligation is implicit in the said provision. If such obligation is

violated and some damage, loss, or injury is caused to the

Promoter, the Promoter is definitely entitled to claim

compensation under Section 19(6) by filing a Complaint under

Section 31. The learned counsel further contended that any

aggrieved person can file a complaint before the Adjudicating

Officer against Allottees under Section 31 of the RERA. 'Any

aggrieved person' referred to in Section 31 would also include

the Promoter, as complaints against the Allottees are provided

therein. The learned counsel further referred to Section 72, in

which various factors which are to be taken into consideration

for adjudging the compensation or interest are stated and, all of

which specifically refer to 'the default.' The default may happen

either from the Promoter or from the Allottee. It would indicate

that in case of default on the part of the Allottee, the Promoter

is entitled to claim compensation from the Allottee by filing a MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 complaint before the Adjudicating Officer under Section 31. The

learned counsel further contended that in view of the bar of the

jurisdiction of the civil court under Section 79, if the Promoter is

not allowed to file a complaint claiming compensation before the

Adjudicating Officer, the Promoter will be remedy-less when he

is legally entitled to get compensation from the Allottee. The

RERA is enacted for the purpose of protecting both the interests

of the Allottees as well as the promoter. The learned counsel

concluded the arguments by praying to admit the MSAs as it

involved Substantial Questions of Law.

6. The learned Standing Counsel contented that though the

aggrieved person referred in Section 31 includes the Promoter,

there is no provision in the RERA enabling the Promoter to claim

compensation from the Allottee in any case.

7. In view of the contentions addressed before me, the following

questions emerge for consideration.

. Whether any of the provisions in the RERA gives substantive right to MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 the Promoter to claim compensation from the Allottee?

. Whether Section 31 of the RERA enable the Promoter to file a

complaint against the Allottee ?.

. Whether Section 79 bars the suit at the instance of the Promoter to

claim compensation from the Allottee under the general law.?

QUESTION NO.1

8. In order to file a Complaint before the Adjudicating Officer

claiming compensation from the Allottee, the Promoter shall

have a substantive right to claim compensation under the

provisions of the RERA. Section 19(6) creates a statutory

obligation that every Allottee who has entered into an

agreement for sale to take an apartment, plot, or building, as the

case may be, under Section 13, shall be responsible to make

necessary payments in the manner and within the time as

specified in the said agreement for sale and shall pay at the

proper time and place, the share of the registration charges,

municipal taxes, water and electricity charges, maintenance MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 charges, ground rent, and other charges, if any. Section 19(7)

mandates that the Allottee shall be liable to pay interest, at such

rate as may be prescribed, for any delay in payment towards

any amount or charges to be paid under sub-section (6).

9. On a conjoint reading of Sub-sections (6) and (7) of Section 19,

it could be seen that the said provisions provide that in case of

breach of the obligations provided under Sub-Section (6), the

Allottee is liable to pay only interest for the delay in making the

payments and not liable to pay compensation. In such case,

even though the right of the Promoter to get interest from the

Allottee is not specifically provided in the said Provision, such

right of the Promoter is necessarily implicit in the said provision.

Neither the liability to pay compensation nor the right to get

compensation is provided in those provisions. But that does not

mean that the Promoter is not entitled to get compensation for

the delay under the general law of Damages in case he suffers

any damage, loss, injury, etc., on account of the delay in making MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 payments within the agreed time by the Allottee. But such right

to claim for compensation does not come within the scope of the

RERA.

10. The Preamble of the RERA is extracted below.

"An Act to establish the Real Estate Regulatory Authority for

regulation and promotion of the real estate sector and to ensure sale

of plot, apartment or building, as the case may be, or sale of real

estate project, in an efficient and transparent manner and to protect

the interest of consumers in the real estate sector and to establish

an adjudicating mechanism for speedy dispute redressal and also to

establish the Appellate Tribunal to hear appeals from the decisions,

directions or orders of the Real Estate Regulatory Authority and the

adjudicating officer and for matters connected therewith or incidental

thereto."

11. When the RERA is enacted to promote the real estate

sector and to ensure the sale of plots, apartments, or buildings, MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 as the case may be, or the sale of real estate projects, in an

efficient and transparent manner and for speedy dispute

redressal it is definitely beneficial to the Promoters also. But that

does not enable the Court to provide a right in favour of the

Promoter under the RERA, which is absent in its provisions.

12. Section 71 deals with the power of the Adjudicating Officer

to adjudicate the compensation. It provides that the

Adjudicating Officer is appointed to adjudicate the

compensation under S.12,14, 18, and S.19. These provisions

do not in any way provide any liability to the Allottee to pay

compensation or any right to the promoter to claim

compensation. So the right of the Promoter to claim

compensation from the Allottee is outside the scope of the

RERA. Hence, I am of the view that none of the provisions of

the RERA provides any substantive right to the Promoter to

claim compensation from the Allottee.

QUESTION NO.2 MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394

13. It is useful to extract Section 31 of the RERA:

"Filing of complaints with the Authority or the adjudicating

officer.--

(1) Any aggrieved person may file a complaint with the Authority or

the adjudicating officer, as the case may be, for any violation or

contravention of the provisions of this Act or the rules and regulations

made thereunder against any promoter, allottee, or real estate agent,

as the case may be.

Explanation.-- For the purpose of this subsection, the "person" shall

include the association of allottees or any voluntary consumer

association registered under any law for the time being in force.

(2) The form, manner, and fees for filing a complaint under sub-

section (1) shall be such as may be prescribed. MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394

14. It is clear from Section 31 of the RERA that 'any person

aggrieved' may file a complaint against any Promoter, Allottee,

or Real Estate Agent. The subject matter of the complaint is

limited to any violation or contravention of the provisions of the

RERA or the Rules and Regulations made thereunder. RERA or

the Rules and Regulations made thereunder do not provide any

right in favour of the Promoter to get compensation. Complaint

claiming compensation alone is maintainable before the

Adjudicating officer. It is useful to extract Paragraph 86 of the

decision of the Hon'ble Supreme Court in Newtech Promoters

and Developers Pvt. Ltd. v. State of U. P. and Others 2021

(13) SCALE 466 delineating the jurisdiction of the Authority and

Adjudicating Officer under the RERA:

"From the scheme of the Act of which a detailed reference has been

made and taking note of the power of adjudication delineated with

the regulatory authority and adjudicating officer, what finally culls out

is that although the Act indicates the distinct expressions like 'refund', MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 'interest', 'penalty' and 'compensation', a conjoint reading of S.18 and

S.19 clearly manifests that when it comes to refund of the amount,

and interest on the refund amount, or directing payment of interest

for delayed delivery of possession, or penalty and interest thereon, it

is the regulatory authority which has the power to examine and

determine the outcome of a complaint. At the same time, when it

comes to a question of seeking the relief of adjudging compensation

and interest thereon under S.12, S.14, S.18 and S.19, the

adjudicating officer exclusively has the power to determine, keeping

in view the collective reading of S.71 read with S.72 of the Act. If the

adjudication under S.12, S.14, S.18 and S.19 other than

compensation as envisaged, if extended to the adjudicating officer

as prayed that, in our view, may intend to expand the ambit and

scope of the powers and functions of the adjudicating officer under

S.71 and that would be against the mandate of the Act 2016."

15. Hence, the Promoter cannot approach the Adjudicating

Officer for relief with respect to any violation or contravention of MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 the provisions of the RERA or the Rules and Regulations made

thereunder. If the Allottee delays the agreed payments and if it

gives a cause of action for the Promoter to claim interest, the

Promoter can definitely file a complaint before the Authority

claiming interest; it is for the Authority to decide whether the

Promoter is entitled to get interest for the delay on the part of

the Allottee.

16. Hence, I hold that 'any aggrieved person' occurring in

Section 31 includes Promoter also. But as the RERA or the

Rules and Regulations made thereunder do not provide any

right to claim compensation in favour of the Promoter, the

Promoter cannot file a Complaint before the Adjudicating

Officer.

QUESTION NO.3

17. The contention of the learned Counsel for the

appellant that the Promoter will be without any remedy if the

matter of compensation is misconceived. I have already found MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 that if the Promoter has a cause of action to get compensation

from the Allottee, it is outside the scope of the RERA. Section

79 bars the jurisdiction of the Civil Court to entertain any suit or

proceedings in respect of any matter which the Authority or the

Adjudicating Officer or the Appellate Tribunal is empowered by

or under this Act to determine. As the claim for compensation at

the instance of the Promoter against the Allottee is not a matter

which the Authority or the Adjudicating Officer or the Appellate

Tribunal is empowered by or under this Act to determine, the

Promoter has every right to get his grievance with respect to

claim for compensation redressed through other modes

including through Civil Court. Hence, I hold that the jurisdiction

of the Civil Court is not barred under Section 79 with respect to

the claim for compensation at the instance of the Promoter

against the Allottee.

18. In view of my answers to the aforesaid questions of law, I

do not find any reason or ground to interfere with the common MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394 order of the Adjudicating Officer, which is confirmed by the

Appellate Tribunal. Though the aforesaid questions of law are

involved in the matter, they are not substantial enough to admit

the MSAs.

19. When the questions of law involved in the Second Appeal

could be answered with reference to the provisions of the

Statute and settled precedents and the answers do not require

reversal or modification of the impugned judgments/orders, the

Second Appeal under Section 100 of the Code of Civil

Procedure is not liable to be admitted.

20. Accordingly, these Miscellaneous Second Appeals are

dismissed.

Sd/-

M A ABDUL HAKHIM JUDGE

Ans/Jma/ MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394

PETITIONER ANNEXURES

Annexure A-1 CERTIFIED COPY OF THE ORDER DATED 16-1-2025 IN REFA NO. 154 OF 2024 ON THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL AT ERNAKULAM

Annexure A-2 TRUE COPY OF THE ORDER DATED 9-12-2024 IN I.A NO.

THE ADJUDICATING OFFICER, KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394

PETITIONER ANNEXURES

Annexure A-1 TRUE COPY OF THE ORDER DATED 16-1-2025 IN REFA NO. 155 OF 2024 ON THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM

Annexure A-2 TRUE COPY OF THE ORDER DATED 9-12-2024 IN I.A NO.

THE ADJUDICATING OFFICER, KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394

PETITIONER ANNEXURES

Annexure A-1 TRUE COPY OF THE ORDER DATED 16-1-2025 IN REFA NO. 156 OF 2024 ON THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM

Annexure A-2 TRUE COPY OF THE ORDER DATED 9-12-2024 IN I.A NO. 210 OF 2024 IN CCP NO. 33 OF 2024 ON THE FILES OF THE ADJUDICATING OFFICER, KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM MSA Nos.8, 9, 10 & 11 of 2025

2025:KER:7394

PETITIONERS EXHIBITS:

ANNEXURE A-1 FREE COPY OF THE ORDER DATED 16.01.2025 IN REFA NO. 157 OF 2024 ON THE FILES OF THE KERALA REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM

ANNEXURE A-2 TRUE COPY OF THE ORDER DATED 09.12.2024 IN I.A NO.211 OF 2024 IN CCP NO.34 OF 2024 ON THE FILES OF THE ADJUDICATING OFFICER, KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM

 
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