Gwalior Development Authority vs Jatin Maheshwari

The second appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (in short "RERA Act") read with Section 100 of C.P.C. has been filed against the order dated 28/06/2019 passed by M.P.Real Estate Appellate Tribunal, Bhopal in Appeal No.63/2019.

The necessary facts for disposal of present appeal in short are that a complaint was filed by the respondent and accordingly, the competent authority allowed the complaint and by order dated 27/02/2019, directed the appellant to return the amount with interest. Against the said order, the appellant filed an appeal under Section 44 of RERA Act, which has been registered as appeal No.63/2019. The Tribunal directed the appellant to comply the mandatory provisions of Section 43(5) of RERA Act and the appellant has been directed to deposit an amount of Rs.8 Lac to make the default good. The appellant thereafter filed an application seeking exemption from compliance of such provisions on the ground that the authority has not imposed any penalty and the capital amount to be deposited by the respondent towards allotment of showroom No.F-73 was ordered to be refunded alongwith interest and these provisions are not applicable. It was further pleaded that under Section 53(2) of RERA Act, the appellant/Tribunal is empowered to regulate its own procedure. However, by impugned order dated 28/06/2019, the application filed by the appellant has been rejected by the Tribunal.

This Court in the case of Gwalior Development Authority Vs. Nagrik Sahkari Bank Maryadit, Gwalior and Ors. reported in (2020) 1 MPLJ 138 has held that against an interlocutory order passed by the Tribunal, the second appeal is not maintainable.

Accordingly, in the light of judgment passed by this Court in the case of Gwalior Development Authority (supra), this appeal is also dismissed as not maintainable.