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Some additional facts contained in Company Appeal (AT) (Ins.) No. 1321 of 2022 also need to be noted.

(vii) The Appellant - Aquacity Consumer and Societies Welfare Society claiming to be a society of homebuyers claimed to have filed two consumer complaints under Section 12(1)(b) of the Consumer Protection Act, 1986 for its members/homebuyers. Case of the Appellant was that his members have booked their respective units in the year 2014-17. It was submitted that the Corporate Debtor has siphoned of the money collected from the buyers of the project. The NCDRC allowed both the Consumer Complaints and directed the Corporate Debtor to refund the amount collected from the homebuyers along with interest of 9% pa from the date of possession.

(viii) Civil Appeals bearing no. CA 7872/2021 and CA 402/2022 were filed before the Hon'ble Supreme Court by the Appellant Association for modification of the order of NCDRC to the extent that the interest should be from the date of payment and not from the date of possession. In the Appeals notices were issued. In the Civil Appeal before the Hon'ble Supreme Court adjournment was sought by the Corporate Debtor on 11.04.2022 to place the payment plan along with counter affidavit.

6. Learned counsel for the Appellant in support of Company Appeal (AT) (Ins) No. 1321 of 2022 has adopted the submission advanced by Shri Abhijeet Sinha, learned counsel appearing for RERA. It is further submitted the Appellant who are homebuyers of the real estate project plotted by Corporate Debtor have paid the amount to the Corporate Debtor between years 2010-2014 which amounts were siphoned off by the Corporate Debtor and possession of respective units was never given to the homebuyers. On the complaints filed before the NCDRC, orders were passed for refund of amount along with 9% interest. Aggrieved by part of the order by which interest was directed from the date of possession, Appeals were filed being Civil Appeals No. CA 7872/2021 and CA 402/2022, in which appeals the Hon'ble Supreme Court has issued notices. In the Civil Appeals, the Company Appeal (AT) Insolvency No. 1172-1173 of 2022 and 1321 of 2022 Corporate Debtor appeared before the Hon'ble Supreme Court and sought adjournment to place the repayment plan, however, during the said period the Company Petition was got collusively filed by the Corporate Debtor through Operational Creditor, which was admitted on 05.08.2022. It is submitted that the Appellant is aggrieved by the order since by initiation of the CIRP, Appellant homebuyers shall neither get their amount back nor shall be able to receive possession of the allotted units. It is submitted that timing of filing of Section 9 application itself indicate that it has collusively done to benefit the Corporate Debtor and save him from discharging his statutory obligation.