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1. These appeals under Section 43 of the Real Estate (Regulation and Development) Act, 2016 ("RERA, 2016") are directed against a common order dated 6 th January, 2026 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai, ("Appellate Tribunal"), in Misc. Application No.925/2025 in Appeal No.AT06/01019/2025 and Misc.

2.3 The allottee sought the refund of the amount paid by him to the promoter alongwith interest and compensation on account of delay in the completion of the project and the delivery of the subject flats under Section 18 of RERA, 2016. 2.4 By an order dated 17th February, 2020 passed by the Authority those complaints were referred to the Adjudicating Officer for suitable decision under the provisions of the RERA, 2016 and the Rules made thereunder. By orders dated 19th March, 2021, the Adjudicating Officer directed the refund of the amount paid by the allottee alongwith interest and compensation.

8. Mr. Sampat submitted with tenacity that, the beneficial object of the provisions contained in RERA 2016, needs to be kept in view. The impugned order, according to Mr. Sampat, is in tune with the legislative object behind enacting RERA 2016. The promoter, who has committed flagrant violation of the contractual obligations and the provisions of RERA 2016 and the Rules thereunder cannot be heard to say that the allottee be

-SA121-2026+.DOC deprived of the amount of refund and the interest thereon while he continues to bear the brunt of the liability to pay interest on the amount which he has borrowed to finance the acquisition of the subject flat. If the facts of the case are appraised in correct perspective, especially in the context of the time that has elapsed from the date of the execution of the agreement for sale, the impugned order cannot be faulted at. The impugned order is thus equitable and, therefore, does not warrant any interference, submitted Mr. Sampat.

12. The thrust of the submission of Mr. Vakil was that, under

-SA121-2026+.DOC the provisions of RERA 2016, there is no power in the Appellate Tribunal to release the amount deposited by the promoter during the pendency of appeal. Elaborating the submission, Mr. Vakil would urge, the only power which the Appellate Tribunal has under Section 43 of the RERA 2016 is to direct the promoter to deposit with the Appellate Tribunal at least 30% of the penalty or such higher percentage as may be determined or the total amount to be paid to the allottee including interest and compensation imposed on him. The said power flowing from the proviso to sub-section (5) of Section 43 does not confer any jurisdiction on the Appellate Tribunal to release the amount so deposited in favour of the allottee during the pendency of the appeal. Lest, the very purpose of providing an appeal against the order passed by the Authority would be defeated.