RAJAN ROY,J. - (1.) This appeal was admitted by this Court on 23.10.2019 on the following substantial questions of law: "1. Whether the Tribunal below has not erred in interpreting section 44(2) of the Real Estate (Regulation and Development) Act 2016 so as to come to the conclusion that while filing an appeal certified copy or attested copy of the impugned order is not required to be filed alongwith the appeal before the Tribunal ? 2. Whether the interpretation given by the tribunal to Section 44(2) of the Act would not render Rule 25 of the Rules and form Rs.appended thereto as redundant and Otiose ? 3. Whether, the Tribunal has not erred in not condoning the delay of merely three days in filing the Appeal when the Appellant had shown sufficient cause indicating that the Appeal was within time."
(2.) As regards, question numbers 1 and 2, the same have already been considered by this Court on 23.10.2019 rendered in Second Appeal Defective bearing No. 268 of 2018 and have been answered. The said questions being questions of law, although, one, which have a bearing on the rights of the parties in this case, therefore, whatever has been held in the judgement dated 23.10.2019 applies in this case also, so far as the legal position elucidated therein is concerned. On a perusal of the impugned order, this Court finds that the reasons given by the Tribunal in the impugned order are same which were given in the order impugned in the aforesaid appeal bearing No. 268 of 2018.
(3.) With regard to question No. 1, this Court in the aforesaid case has held as under: "The appellant claims to be a 'Consumer/Allottee' within the meaning of the Act 2016 and the Rules made thereunder. The Act itself has been enacted 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, for sale of Real Estate project, in an efficient and transparent manner and to protect the interest of Consumer/Allottees in the Real Estate Sector and to establish adjudicating mechanism for speedy dispute redressal and also to establish an Appellate Tribunal to hear the appeals from decisions, directions of the Real Estate Regulatory Authority and the Adjudicating Officer and for matter connected therewith or incidental thereto as is evident from long title/preamble of the Act 2016. ;