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தமிழ் வடிவம்

TNREAT - Judgements


S.No. Appeal No. Subject Date Order
1 1/2018 Appeal against Rejection of Project Registration.

Y. Ravishankar Vs Marg Properties Limited		 23.05.2018
2 2/2018 Appeal against direction to register even in the case of long term lease and in the case where DTCP has issued as structurally completed.

Marg Properties Limited Vs T.M. Arunachalam		 13.11.2018
3 5/2018 Appeal filed against registering the project with TNRERA by Adinath Srinivasa Foundations - Orders Issued.

Adinath Srinivasa Foundations LLP Vs The Secretary Serene Kshetra Owners Association		 11.01.2019
4 1/2019 Appeal filed against the direction of the Authority on the ground of non-profit organisation.

Army Welfare Housing Organisation (AWHO) Vs Brig J.S. Dharmadeeran (Retd.,) and 3 Others		 20.03.2019
5 3/2018 Appeal filed against the order of the Authority on the ground that already sold portion was shown for approval of next phase.

Kendriya Vihar-II Apartment Owners' Welfare Association Vs 1) Central Government Employees Welfare Housing Organisation (CGEWHO) and 2) Chennai Metropolitan Development Authority (CMDA)		 21.03.2019
6 3/2019 & 4/2019 Appeal filed against the Order of Adjudicating Officer on the grounds of withdrawal of complaint before the Consumer Forum and then file complaint before RERA.

A.R. Ravisankar Vs Marg Properties Ltd., & another (Appeal No.3/2019)
Y. Ravishankar Vs Marg Properties Ltd., & another (Appeal No.4/2019)		 25.04.2019
7 6/2018 Compromise.

Rajendran Chingaravelu Vs Unitech Limited		 11.06.2019
8 2/2019 Appeal against the maintainability order passed by Adjudicating Officer under RERA.

SPR & RG Construction Private Limited Vs Subashini Thulasiram		 19.06.2019
9 S.R. No.310/2019 in Unnumbered Appeal of 2019 Maintainability of Appeal filed by one of the partners of Firm.

Asvini Foundations Vs M. Ravi and 16 Others		 04.07.2019
10 4/2018 Maintainability of Complaint under Section 3 of the Act.

Dakshin Homes Apartment Owners Association Vs Dakshin Home Developers and 2 Others		 11.07.2019
11 S.R. No.484/2019 in Unnumbered Appeal of 2019 Dismissal for Non-Appearance of Appellant.

Asvini Foundations Vs M. Ravi and 16 Others		 28.08.2019
12 55/2019 All Industrial Projects will come under the purview of RERA.

GMR Krishnagiri SIR Limited Vs Tamil Nadu Real Estate Regulatory Authority		 27.09.2019
13 61/2019 Non-Payment of Penalty / Compensation determined by the Adjudicating Officer - Permitted to Withdraw Appeal for Depositing the same.

Eco Bay Developers and Builders Pvt. Ltd., Vs K. Saravana Easwaran		 30.09.2019
14 5/2019 Attempt to substitute supplementary agreement leads to renunciation of contract and pave way for liability to pay interest and compensation.

Casa Grande Engineering Pvt. Ltd., Vs K. Ganesan & V. Mahalakshmi		 15.10.2019
15 53/2019, 54/2019 and 56/2019 Non profit construction project comes under RERA.

Colonel. C.M. Unnithan Vs Army Welfare Housing Organisation (AWHO) (Appeal No.53/2019)
Capt. Nagarajan Vasudeva Rao Vs Army Welfare Housing Organisation (AWHO) (Appeal No.54/2019)
Commander. N. Koteeswar Vs Army Welfare Housing Organisation (AWHO) (Appeal No.56/2019)		 31.10.2019
16 6/2019, 8/2019 to 12/2019 Withdrawal of Appeals on Objections.

Pacifica (Chennai Project) Infrastructure Pvt. Ltd., Vs
1) Shanthi Ramachandran (Appeal No.6/2019)
2) M.P. Murugaiah (Appeal No.8/2019)
3) Mary Stella (Appeal No.9/2019)
4) S. Nagalingam (Appeal No.10/2019)
5) Ananda Narayana (Appeal No.11/2019)
6) A. Jayakumar (Appeal No.12/2019)		 06.11.2019
17 59/2019 Recording of Compromise between Parties in Appeal.

Green Avenue Homes and Gardens Vs 1) P. Rani Vellammal and 2) Bennett Property Holdings Company Limited		 21.11.2019
18 6/2018 Property delivered on Compromise.

Rajendran Chingaravelu Vs Unitech Limited		 03.12.2019
19 10/2020 Withdrawal of Appeal.

Amarprakash Property Management Services Pvt. Ltd., Vs Temple Waves all Blocks Flat Owners Welfare Association		 06.01.2020
20 65/2019 Booking advance refunded by the Promoter to the Allottee on compromise.

SPR Construction Private Ltd., Vs Pawan Kumar Gupta		 23.01.2020
21 7/2019 The end product namely The Flat is a usable commodity and a Completion Certificate alone is not sufficient to construe as a usable commodity.

Pacifica (Chennai Project) Infrastructure Pvt. Ltd., and Sylvanus Builders & Developers Ltd., Vs 1) C.R. Chenthirkumaran and 2) C. Dhanalakshmi		 27.01.2020
22 60/2019 The special Act RERA empowers a party to deal with the dispute in a particular manner. Such disputes can only be dealt under the special Act namely under RERA and not by the arbitration clause.

T.K. Housing & Constructions Vs 1) B. Geethapriya and 2) Arivazhagan Murthy		 30.01.2020
23 57/2019 Marketing Agent is also liable to the Home Buyers for the activities of the developer in performing his duties or obligations.

Benett Property Holdings Company Limited Vs 1) P. Rani Vellammal and 2) Green Avenue Homes & Gardens		 10.02.2020
24 62/2019 and 63/2019 The Real Estate Regulatory Authority has got power to deal with facts of each case whilst discharging its obligation in implementing the provisions of RERA in letter and spirit.

Alliance Mall Developers Co. Pvt. Ltd., Vs Tamil Nadu Real Estate Regulatory Authority (TNRERA)		 10.02.2020
25 11/2020 Non-transparency in allotment of flats coupled with Reserved Car Park by the Promoter against Approved Building Plan is not permissible under RERA.

T. Aananthi Vs 1) G.K.S. Technology Park Ltd., 2) Suresh Vaidyanathan and 3) Paranthaman Shanmugam		 10.02.2020
26 34/2020 Withdrawal of Appeal by complying the order of the Regulatory Authority.

Phoenix Serene Spaces Pvt. Ltd., Vs Tamil Nadu Real Estate Regulatory Authority (TNRERA)		 20.02.2020
27 64/2019 Claim of Interest and Compensation after getting refund negatived on the ground of principles of waiver.

1) S. Dominic Savio and 2) D. Clotine Marie Vs Phoenix Serene Spaces Pvt. Ltd.,		 28.02.2020
28 43/2020 Withdrawal of appeal permissible under the ground of petition to set aside Ex-parte order not permissible.

Phoenix Serene Spaces Pvt. Ltd., Vs 1) K.M. Karthisanker and 2) G. Nirmala		 02.03.2020
29 42/2020 Claim of Promoter to cross-examine Allottee negatived.

Sathyam Homes Pvt. Ltd., Vs M. Gopalakrishnan		 12.03.2020
30 28/2020 Non-compliance of Section 43(5) of TNRERA Act leads to rejection of Appeal.

1) MCB Developers and 2) MCB Aassetz Vs 1) Jatin M. Kikani and 2) Aastha Homes		 16.03.2020
31 33/2020 Non-compliance of Section 43(5) of TNRERA Act leads to rejection of Appeal.

1) Sylvanus Builders and Developers Limited and 2) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs K. Srikar Reddy		 16.03.2020
32 13/2019 to 52/2019 A person who acts himself as a builder or claims to be act as a holder of Power of Attorney, from the Owner of the Land, of which the Building or Apartment is constructed for sale is also a Promoter under the RERA Act.

S. Jayalakshmi, Proprietrix, Lakshmi Builders Vs D. Prabhanandan and 39 Others		 18.03.2020
33 74/2019 Delay Condonation.

Alliance Villas Private Limited Vs Rajesh		 24.03.2020
34 70/2019 Maintainability of Complaint under Rule 2(h)(ii) of Tamil Nadu Real Estate Rules, 2017.

1) Devinarayan Housing Board and Property Developments Pvt. Ltd., 2) N. Nandakumar and 3) V. Srinivasan Vs 1) Manu Karan and 2) Archana Karan		 22.05.2020
35 39/2020 Maintainability of Complaint under Rule 2(h)(ii) of Tamil Nadu Real Estate Rules, 2017.

1) Manu Karan and 2) Archana Karan Vs 1) Devinarayan Housing Board and Property Developments Pvt. Ltd., 2) N. Nandakumar and 3) V. Srinivasan		 22.05.2020
36 76/2019 Without entering into written agreement receipt of advance amount amounts to violation of RERA Act.

Casa Grande Civil Engineering Pvt. Ltd., Vs 1) P. Govindaraj and 2) Deeparaj		 26.08.2020
37 66/2019 Compromise.

1) Ozone Projects Private Limited and 2) Managing Director, Ozone Projects Private Limited Vs 1) Abhishek Agarwal, 2) Suman Agarwal and 3) Ved Prakash Agarwal		 02.09.2020
38 58/2019 The responsibility of promoter regarding structural defect or any other defect shall continue beyond the conveyance deed of all flats.

Sare Squires Vs 1) Sare Shelters Project Pvt. Ltd., and 2) Dewy Terraces (Phase I) Flat Owners' Welfare Association		 09.09.2020
39 67/2019 Development of Real Estate Project more than 8 flats liable for registration under RERA.

1) K.S. Prateep Kumar and 2) Srividhya Vs 1) S. Elayaraja and 2) S. Sivaraj		 09.09.2020
40 71/2019 to 73/2019 Seeking amendment to Development Agreement by the developer for the abandoned project is not permissible.

1) Sarojam Gopinathan and 2) Col. Sanath Gopinath Vs 1) V.S. Srikumar and 2) V.S. Sriram		 23.09.2020
41 40/2020 Admissibility of Appeal.

1) Sethu Ragu Raman and 2) Sathiyapriya Vs 1) XS Real Properties Private Limited, 2) Prabakaran Muneeswaran Subrayalu and 3) The Deputy Director, Directorate of Town and Country Planning, Gokulapuram, Chengalpattu		 23.09.2020
42 M.A. No.93/2020 in Appeal No.52/2020 Stay.

Evita Constructions Private Limited and Lucifer Constructions Private Limited Vs Bhoomijha Murali and K.V. Murali		 29.10.2020
43 47/2020 Mere claiming of compensation by the Homebuyer against Promoter is not sufficient. Granting of just compensation only subject to proof.

1) SP. Arulappaa and 2) G. Premalatha Vs A.N. Builders		 04.11.2020
44 75/2019 Handing over of possession and completion certificate alone are not sufficient to decide maintainability of the complaint before the Regulatory Authority.

Olympia Grande Apartment Owner's Welfare Association Vs KSM Nirman Private Limited		 09.11.2020
45 44/2020 The plea of the promoter that “Brochure mentioned amenities are not Guarantee” is not sustainable.

Dhanaas Property Developers Vs Vrikshaa Vassees Welfare Association		 09.11.2020
46 M.A. No.92/2020 in Appeal No.44/2020 Reception of Additional Evidence.

Dhanaas Property Developers Vs Vrikshaa Vassees Welfare Association		 09.11.2020
47 68/2019 and 69/2019 Regulatory Authority has got power to issue direction to hand over possession within the stipulated time.

Sabari Realtors Pvt. Ltd., Vs Fifth Estate Communications Private Limited and Pioneer Homes (Appeal No.68/2019)
Pioneer Homes Vs Fifth Estate Communications Private Limited and Sabari Realtors Pvt. Ltd., (Appeal No.69/2019)		 08.12.2020
48 8/2020 and 9/2020 Any reduction in common area by the promoter, differing from the approved plan and sale agreement, in the sale deed can be questioned by the allottee.

Shobana Subramanian and K. Varun Gopal Vs L&T South City Projects Pvt. Ltd., and L&T Realty Limited (Appeal No.8/2020)
Sadhana Subramanian and V. Subramanian Vs L&T South City Projects Pvt. Ltd., and L&T Realty Limited (Appeal No.9/2020)		 08.12.2020
49 45/2020 Any contravention or violation of Real Estate Act, Rules and Regulations by the Promoter, Allottee and Real Estate Agent can be brought to the notice of Regulatory Authority by way of complaint.

Casagrand Builder Private Limited Vs M. Ramesh		 08.12.2020
50 M.A. No.121/2020 in Un-numbered Appeal No. of 2020 Delay Condonation.

Sare Realty Projects Pvt. Ltd., (formerly Sare Jubilee Kolathur Pvt. Ltd.,) Vs P.B. Ajith Kumar		 09.12.2020
51 51/2020 Mere arraying as a party in the legal proceedings will not cloth with any right or liability against that party.

Medhika Infrastructures Vs Santhakumari and 3 Others		 17.12.2020
52 M.A. No.83/2020 and 85/2020 in Appeal No.48/2020 and 49/2020 Waiver applications.

Oragadam City Developers Pvt. Ltd., and 4 Others Vs Anitha Arun & Bharathi Arun (M.A. No.83/2020 in Appeal No.48/2020)
Oragadam City Developers Pvt. Ltd., and 4 Others Vs Sunitha Nandakumar (M.A. No.85/2020 in Appeal No.49/2020)		 17.12.2020
53 12/2020, 13/2020, 15/2020 to 24/2020, 29/2020 to 32/2020 and 53/2020 to 61/2020 Dismissal of Appeals on the ground of withdrawal.

Hazel Realty Pvt. Ltd., (formerly VGN Praganya Realty Pvt. Ltd.,) Vs N. Kamala and Others		 21.12.2020
54 52/2020 The Parent Act will prevail over the Rules and there cannot be any Rules contrary to Act. The State Government Rule 2(h)(ii) is contrary to the Section 3 of the Real Estate (Regulation and Development) Act, 2016.

1) Evita Constructions Private Limited and 2) Lucifier Constructions Private Limited Vs 1) Bhoomijha Murali and 2) K.V. Murali		 06.01.2021
55 62/2020 Dismissal of Appeal on the ground of withdrawal.

Phoenix Serene Spaces Private Limited (formerly Phoenix Hodu Developers Pvt. Ltd.,) Vs 1) K.M. Karthisanker and 2) G. Nirmala		 06.01.2021
56 38/2020 and 63/2020 Amenities and facilities exclusively belongs to a particular project cannot be shared or integrated with any other project.

Anjali Iyer Vs Ananya Shelters Private Limited and 91 Others (Appeal No.38/2020)
Ananya Shelters Private Limited Vs Anjali Iyer and 91 Others (Appeal No.63/2020)		 11.01.2021
57 48/2020 and 49/2020 Dismissal of Appeals on the ground of non compliance of order under section 43(5) of the Real Estate Act.

1) Oragadam City Developers Pvt. Ltd., 2) New Town Housing, 3) Value Build Homes, 4) Vilagam Housing and 5) Frontier Housing Private Limited Vs
1) Anitha Arun and Bharathi Arun (Appeal No.48/2020)
2) Sunitha Nandakumar (Appeal No.49/2020)		 11.01.2021
58 72/2020 to 74/2020 Withdrawal of Appeals.

Hazel Realty Pvt. Ltd., (formerly VGN Praganya Realty Pvt. Ltd.,) Vs
1) J. Vinaikumar (Appeal No.72/2020)
2) C. Viswanathan (Appeal No.73/2020)
3) D. Rajasekar (Appeal No.74/2020)		 18.01.2021
59 1/2020 to 7/2020, 25/2020 to 27/2020 Withdrawal of Appeals.

Green Peace Constructions Pvt. Ltd., Vs S. Krishnakumar & Others		 20.01.2021
60 14/2020 Withdrawal of Appeal.

Hazel Realty Pvt. Ltd., (formerly VGN Praganya Realty Pvt. Ltd.,) Vs M. Kumara Kannan		 27.01.2021
61 66/2020 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

KP Developers and Others Vs K. Suresh Kumar		 27.01.2021
62 79/2020 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

Sare Shelters Project Private Limited Vs Rajmohan Murugesan		 03.02.2021
63 80/2020 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

Sare Realty Projects Private Limited (formerly Sare Jubilee Kolathur Private Limited) Vs Ajith Kumar		 03.02.2021
64 67/2020 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

SVM Constructions Vs K.M.A. Abdul Rahman		 10.02.2021
65 69/2020 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

Phoenix Serene Spaces Pvt. Ltd., (formerly Phoenix Hodu Developers Pvt. Ltd.,) Vs 1) Col. K.M.G.Panicker, 2) Radhika Panicker and 3) Deepak Panicker		 10.02.2021
66 70/2020 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

Phoenix Serene Spaces Pvt. Ltd., (formerly Phoenix Hodu Developers Pvt. Ltd.,) Vs Bhuvanadevi Jayakumar		 10.02.2021
67 78/2020 Plea of on-going project against promoter without proof leads to dismissal of appeal with costs of Rs.10,000/-.

S. Rakesh Kumar Vs 1) Acolyte Infrastructure and Mining Ltd., (formerly Nanco Rubber and Plastics Ltd.,) and 2) Alcove Industries Ltd.,		 10.02.2021
68 M.A. No.2/2021 in Appeal No.1/2021 Pre-deposit order under Section 43(5).

Vijay Shanthi Builders Ltd., Vs 1) Urmila Modi (Deceased), 2) Abhishek Modi, 3) Influence Infrastructures and 4) Influence Enterprises (India) Pvt. Ltd.,		 01.03.2021
69 75/2020 Withdrawal of Appeal.

Hazel Realty Pvt. Ltd., (formerly VGN Praganya Realty Pvt. Ltd.,) Vs R. Lakshmi Prasanna		 01.03.2021
70 13/2021 to 17/2021 Maintainability of complaint regarding ongoing project.

1) SPR & RG Constructions Private Limited, 2) Hitesh P Kawad, Managing Director, SPR & RG Constructions Private Limited and 3) M.G. Surendranath, Director, SPR & RG Constructions Private Limited Vs
1) Ronald Lamech (Appeal No.13/2021)
2) S. Suresh and S. Srividhya (Appeal No.14/2021)
3) K. Venkataramanan and Latha Venkataramanan (Appeal No.15/2021)
4) P. Suresh (Appeal No.16/2021)
5) Anju Anna Thomas and Annie Thomas (Appeal No.17/2021)		 19.04.2021
71 68/2020 An allottee can maintain a complaint under the Real Estate (Regulation and Development) Act, 2016.

S.M. Chandrasekar Vs 1) The Managing Director, Indian Railway Welfare Organization (IRWO) and 2) The General Manager (former) / Chief Project Manager (at present), South Zone, Indian Railway Welfare Organization (IRWO)		 19.04.2021
72 65/2020 Act will prevail over the Rules.

V.K. Vijayaraghavan Vs 1) SPR & RG Constructions Pvt. Ltd., 2) Hitesh P Kawad, Managing Director, SPR & RG Constructions Pvt. Ltd., and 3) M.G. Surendranath, Director, SPR & RG Constructions Pvt. Ltd.,		 26.04.2021
73 81/2020 Plea of ongoing project is to be proved by complainant.

Aknam Finvest Private Limited Vs Natesan Housing Private Limited		 26.04.2021
74 1/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Vijay Shanthi Builders Ltd., Vs 1) Urmila Modi (Deceased), 2) Abhishek Modi, 3) Influence Infrastructure and 4) Influence Enterprises (India) Pvt. Ltd.,		 26.04.2021
75 12/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

1) Influence Infrastructure and 2) Influence Enterprises (India) Pvt. Ltd., Vs 1) Urmila Modi (Deceased), 2) Abhishek Modi and 3) Vijay Shanthi Builders Ltd.,		 26.04.2021
76 50/2020 Just compensation.

K.G. Foundations Pvt. Ltd., Vs 1) J. Rajashekar and 2) Mani Jayaraj		 21.06.2021
77 64/2020 Refund of advance amount in terms of written agreement between the parties.

Alliance Villa Pvt. Ltd., Vs 1) Mohana Sundhari and 2) Nagalingam		 21.06.2021
78 4/2021 Compromise.

Ozone Projects Private Limited Vs Brizozone Property Holding Pvt. Ltd.,		 07.07.2021
79 65/2021 Compromise.

North Town Estates Private Limited Vs Ravi Jaiswal		 22.07.2021
80 29/2021 Withdrawal of Appeal.

Prestige Estate Projects Limited Vs Munish Malhotra		 11.08.2021
81 88/2021 Withdrawal of Appeal.

Emami Realty Ltd., Vs Tejomaya Owners Association		 08.09.2021
82 76/2020 Withdrawal of Appeal.

1) Devendra Bhatia and 2) Anjula Bhatia Vs 1) K. Balasubramaniyan, 2) G.K.S. Technology Park Pvt. Ltd., 3) Tulive Viha Apartments Owners Association, 4) M. Suresh Kumar and 5) S. Ganesa Subramanian		 13.09.2021
83 46/2020 The plea of the promoter, as ‘the project of the promoter is not the group development building project’ is not sustainable.

Casa Grand Builder Private Limited Vs V. Sangeetha		 15.09.2021
84 32/2021 Maintainability.

Inseli Park Owners Association Vs Jain Housing & Construction Ltd.,		 15.09.2021
85 5/2021 and 6/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Ozone Projects Private Limited Vs 1) Yogi Saraf and 2) Rinku Saraf		 20.09.2021
86 41/2020 Maintainability.

Dr. Vandana Parvez Vs 1) IVR Hotels & Resorts Private Ltd., 2) IVRCL Limited, 3) Kotak Mahindra Investments Limited, 4) Kotak Mahindra Trusteeship Services Limited, 5) Kotak Investment Advisors Ltd., 6) E.Sudhir Reddy, 7) E.Sunil Reddy and 8) R.Balarami Reddy		 27.09.2021
87 3/2021 Maintainability.

Dr. Vandana Parvez Vs 1) IVR Hotels & Resorts Private Ltd., 2) Kotak Alternate Opportunities (India) Fund, 3) Kotak India Realty Fund, 4) Kotak Investment Advisors Ltd., 5) IVR Prime Urban Developers Ltd., 6) Soma Hotels & Resorts Ltd., 7) E.Sudhir Reddy, 8) E.Sunil Reddy, 9) E.Ella Reddy, 10) M.Mahesh and 11) Subhangi Kulkarni		 27.09.2021
88 M.A. No.41/2021 in Appeal No.33/2021 Order under Section 43(5) of The Real Estate (Regulations and Development) Act, 2016.

Ozone Projects Private Limited Vs Nirmala Ramesh		 29.09.2021
89 M.A. No.143/2021 in Appeal No.10/2021 Compromise.

Akshaya Private Limited Vs K. Deepa		 29.09.2021
90 67/2021 to 69/2021 Remanded for the compliance of the Hon’ble High Court order in letter and spirit.

1) Army Welfare Housing Organization (AWHO) and 2) The Project Director, Army Welfare Housing Organization (AWHO) Vs 1) Col. C.M.Unnithan (Appeal No.67/2021), 2) Commamder N.Koteeswar (Appeal No.68/2021) and 3) Capt. Nagarajan Vasudeva Rao (Appeal No.69/2021)		 06.10.2021
91 73/2021 Remanded for the compliance of Section 38 of The Real Estate (Regulations and Development) Act, 2016.

1) Army Welfare Housing Organization (AWHO) and 2) The Project Director, Army Welfare Housing Organization (AWHO) Vs Tamil Nadu Real Estate Regulatory Authority (TNRERA)		 06.10.2021
92 62/2021 Belated claim of compensation is not sustainable.

R. Venkataraman Vs Indian Railway Welfare Organization		 20.10.2021
93 30/2021 Home buyer is entitled to compensation from the developer only to the suffered period.

Ozone Projects Private Limited Vs 1) C. Venugopal and 2) Radha Venugopal		 22.10.2021
94 38/2021 and 63/2021 Plot wise building approval alone is not sufficient to get exemption under Section 3(1)(a) of The Real Estate (Regulations and Development) Act, 2016.

S. Elayaraja, Proprietor, Grand Style Constructions Vs 1) K.S. Prateep Kumar, 2) Srividya, 3) S. Sivaraj, Manager, Grand Style Constructions and 4) C.A. Prabhakar (Appeal No.38/2021)
C.A. Prabhakar Vs 1) K.S. Prateep Kumar, 2) Srividya, 3) S. Elayaraja, Proprietor, Grand Style Constructions and 4) S. Sivaraj, Manager, Grand Style Constructions (Appeal No.63/2021)		 22.10.2021
95 70/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

BBCL Srishti Homes LLP Vs 1) D.K. Bhagavathi Nath, 2) B. Rajalakshmi and 3) T.S. Manohar		 22.10.2021
96 74/2021 and 75/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

VGN Developers Pvt. Ltd., Vs Saranya Upendran (Appeal No.74/2021)
VGN Developers Pvt. Ltd., Vs 1) Rangarajan and 2) Rekha Rangarajan (Appeal No.75/2021)		 22.10.2021
97 60/2021 Repeated contravention of provision of Section 11(2) of the Real Estate (Regulations and Development) Act, 2016 (non-mentioning of RERA registration number in the advertisement) by the promoter leads to imposing of double the amount penalty by the TNREAT.

Casa Grand Builder Private Limited Vs Tamil Nadu Real Estate Regulatory Authority		 27.10.2021
98 82/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Ozone Projects Private Limited Vs Akmin Technologies Pvt. Ltd.,		 27.10.2021
99 71/2020 Decision of each and every case depends upon the factual situation.

1) N. Sriram and 2) R.D. Dhanalakshmi Vs Casa Grand Builder Pvt. Ltd.,		 02.11.2021
100 9/2021 and 10/2021 Compromise.

Akshaya Pvt. Ltd., Vs K. Deepa (Appeal No.9/2021)
Akshaya Pvt. Ltd., Vs K. Deepa (Appeal No.10/2021)		 02.11.2021
101 35/2021 Regulatory Authority is directed to ensure handing over possession of flat to the home buyer by the promoter within one month.

Rajeswari Infrastructure Limited Vs N. Prabakaran		 10.11.2021
102 79/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

VGN Property Developers Pvt. Ltd., Vs 1) E. Narayanan and 2) Gajalakshmi Narayanan		 17.11.2021
103 102/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

VGN Property Developers Pvt. Ltd., Vs S.N. Karthikeyan		 17.11.2021
104 105/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

VGN Property Developers Pvt. Ltd., Vs 1) Suchita Eknath Fulari and 2) Eknath Ramkisan Fulari		 17.11.2021
105 57/2021 The home buyer is not entitled to invoke both the construction agreement as well as the Real Estate Act provisions simultaneously for claiming compensation.

VGN Homes Private Ltd., Vs J. Jayaraj		 22.11.2021
106 59/2021 Home buyer is entitled to compensation from the promoter subject to factors contemplated under Section 72 of The Real Estate (Regulation and Development) Act, 2016.

G.K.S. Properties Private Limited Vs M. Palaniappan		 22.11.2021
107 61/2021 Against registration particulars before TNRERA, the promoter has sold two car parks hence penalty imposed by TNRERA is confirmed by the Tribunal in this Appeal.

Casa Grande Civil Engineering Pvt. Ltd., Vs 1) Ajmal Khan and 2) Finozia Farveen		 29.11.2021
108 77/2021 Handing over of possession to the home buyer by the promoter without title to UDS is not valid handing over. Land owner and promoter are liable to execute the sale deed for UDS. TNRERA is directed to ensure execution of sale deed of UDS.

1) N.S. Mohanakrishnan (deceased), 2) N.S. Madhanagopal, 3) M. Manjula, 4) N.S.M. Venkatesan and 5) N.S.M. Gnanabiran Vs 1) J. Asha, 2) Andavar Home Creators Pvt. Ltd., and 3) Suganthi Saravanan, Managing Director, Andavar Home Creators Pvt. Ltd.,		 29.11.2021
109 40/2020 Mere allegation of inconvenience and congestion of allottees is not sufficient to set aside the building plan approval obtained by promoter, which was permissible by Rule 4 of The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017.

1) J. Sethu Ragu Raman and 2) D. Sathiyapriya Vs 1) XS Real Properties Private Limited, 2) Sudhakara Gupta, Chief Executive Officer and 3) The Deputy Director, Directorate of Town and Country Planning, Gokulapuram, Chengalpattu		 01.12.2021
110 77/2020 and 82/2020 Delay due to official orders, as agreed between the parties, the allottee is not entitled to delay compensation from the promoter.

Kgeyes Residency Pvt. Ltd., Vs 1) Bhavadharini Ramu and 2) Dr. Avinash Mysore Srikanth (Appeal No.77/2020)
1) Kgeyes Residency Pvt. Ltd., and 2) The Managing Director, Kgeyes Residency Pvt. Ltd., Vs 1) Cyril Anand Bakianathan and 2) Josephine Mary Prabha (Appeal No.82/2020)		 01.12.2021
111 33/2021 The promoter cannot relieve from liability of paying compensation to the allottee when abnormal delay in handing over possession.

Ozone Projects Private Limited Vs Nirmala Ramesh		 06.12.2021
112 34/2021 Complaint by Association of home buyers is maintainable.

Sai Peace and Prosperity Apartments Buyers Association Vs 1) Ambojini Property Developers Pvt. Ltd., 2) ASK Investment Managers Pvt. Ltd., and 3) Real Value Promoters Pvt. Ltd.,		 17.12.2021
113 100/2021 For the relief of refund complaint is maintainable before the Regulatory Authority.

Akshaya Pvt. Ltd., Vs Ananth Prabakaran		 17.12.2021
114 35/2020 to 37/2020 Non completion of basement car parking and podium only is also an ongoing project and liable to be registered under RERA.

Akshaya Pvt. Ltd., Vs C. Saravanan (Appeal No.35/2020)
Akshaya Pvt. Ltd., Vs Raja Kaliyamurthy (Appeal No.36/2020)
Akshaya Pvt. Ltd., Vs Krishnamurthy Natarajan (Appeal No.37/2020)		 22.12.2021
115 76/2021 Knowing fully well about the shortfall of covered car park even then promised to covered park but allotted only open car park it amounts to misrepresentation.

Casa Grande Engineering Pvt. Ltd., Vs 1) Nivrutha and 2) Arun Raghuveeran		 22.12.2021
116 7/2021 and 11/2021 The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common area to the association of allottees.

Serene Senior Living (P) Ltd., Vs 1) Serene Rose Residents Welfare Association and 2) Columbia Pacific Communities Pvt. Ltd., (Appeal No.7/2021)
Columbia Pacific Communities Pvt. Ltd., Vs 1) Serene Rose Residents Welfare Association and 2) Serene Senior Living (P) Ltd., (Appeal No.11/2021)		 05.01.2022
117 8/2021, 18/2021 to 28/2021 and 39/2021 to 50/2021 Appeal Nos.8/2021 and 18/2021 to 28/2021
Completion of project means not only the completion of residential area but also common amenities and facilities.

Appeal Nos.39/2021 to 50/2021
If no privity of contract liability cannot be fixed to execute the real estate project.

State Bank of India Officers Association Chennai Circle (SBIOACC) and M. Mohan Vs G. Rajendra Kumar and Others		 05.01.2022
118 58/2021 Misrepresentation about the project by the promoter leads to direction to the TNRERA to invoke Section 38 of The Real Estate (Regulation and Development) Act, 2016.

1) D.K. Bhagavathi Nath, 2) B. Rajalakshmi and 3) T.S. Manohar Vs BBCL Shrishti Homes LLP		 10.01.2022
119 M.A. No.183/2021 and 194/2021 in Appeal No.58/2021 Claim for reception of additional evidence negatived.

1) D.K. Bhagavathi Nath, 2) B. Rajalakshmi and 3) T.S. Manohar Vs BBCL Shrishti Homes LLP		 10.01.2022
120 36/2021 Barred claim under Limitation Act cannot be entertained under The Real Estate (Regulation and Development) Act, 2016.

Akshaya Pvt. Ltd., Vs N. Dinesh		 19.01.2022
121 72/2021 To decide the consolidated claim of the home buyers case is remanded.

Embassy Residency Apartment Owners Association Vs RGE Constructions & Development Private Limited		 19.01.2022
122 133/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs Sridhar Punniamurthi		 19.01.2022
123 134/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Pacifica (Chennai Project) Infrastructure Company Pvt. Ltd., Vs 1) P.N. Vidya and 2) A.P. Manikandan		 19.01.2022
124 135/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Pacifica (Chennai Project) Infrastructure Company Pvt. Ltd., Vs M.G. Sarangan		 19.01.2022
125 136/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

1) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., and 2) Pacifica Builders Pvt. Ltd., Vs 1) A. Jayakumar and 2) J. Mangaiyarkarasi		 19.01.2022
126 137/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

1) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., and 2) Pacifica Builders Pvt. Ltd., Vs 1) R. Nirmala and 2) K.N. Sony		 19.01.2022
127 140/2021 As per the Supreme Court judgment the Adjudicating Officer has no jurisdiction to decide the issue regarding refund.

Akshaya Pvt. Ltd., Vs 1) Kannan Ramasubbu and 2) Sharmila Sounddararaj		 19.01.2022
128 131/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

BBCL Developers (India) Pvt. Ltd., Vs 1) Deepak Mehta, 2) Chandan Bala and 3) HDFC Bank (HDFC Limited)		 21.01.2022
129 132/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

BBCL Properties Private Limited Vs 1) A. Prashanth, 2) Karthiga and 3) Sameeraa Foundation Private Limited		 21.01.2022
130 148/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Sameeraa Foundation Private Limited Vs 1) A. Prashanth, 2) Karthiga and 3) BBCL Properties Private Limited		 21.01.2022
131 2/2021 The project of the promoter is exempted under Section 3(2)(b) of RERA Act.

Akshaya Pvt. Ltd., Vs Deepak Kumar Agarwal		 24.01.2022
132 91/2021 Without proof of breach of brochure agreement complaint cannot be entertained.

S. Ramakrishnan Vs 1) Indian Railway Welfare Organization (IRWO) and 2) The Chief Project Manager/SZ, Indian Railway Welfare Organization (IRWO)		 24.01.2022
133 64/2021 Non consideration of plea of promoter, even remained absent, leads to remand for retrial.

Provident Housing Limited Vs P. Rajasekhar		 28.01.2022
134 71/2021 After receipt of substantial payment towards sale consideration the promoter is not entitled to cancel the construction agreement.

1) Alliance Projects and 2) Alliance Orchid Tech Park Pvt. Ltd., Vs Uma Maheshwari		 28.01.2022
135 143/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Casa Grand Builder Private Limited Vs Manikandan Nagarajan		 28.01.2022
136 144/2021 Non-compliance of Section 43(5) leads to dismissal of Appeal.

Casa Grand Builder Private Limited Vs 1) Rajan Amuthan and 2) R. Arulmozhi		 28.01.2022
137 33/2020 Awarding of ‘Just’ compensation.

1) Sylvanus Builders and Developers Limited and 2) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs K. Srikar Reddy		 02.02.2022
138 51/2021 to 55/2021 and 56/2021 Non compliance of the order of the TNREAT leads to punishment of imprisonment and fine.

N.K. Ravindran and 4 Others Vs Govis Infra Pvt. Ltd., and 7 Others (Appeal Nos.51/2021 to 55/2021)
Govis Infra Pvt. Ltd., Vs N. Annamalai and 6 Others (Appeal No.56/2021)		 02.02.2022
139 108/2021 to 113/2021 Home buyers are entitled to interest and compensation only for the amount paid by them and not for the amount paid by the bank as loan amount.

1) Neeraj Agarwal and 2) Poonam Agarwal (Appeal Nos.108/2021 and 109/2021), Vineeta Agarwal (Appeal No.110/2021), 1) Dilip Kumar Jain and 2) Nidhi Jain (Appeal No.111/2021), 1) Ashish Kumar and 2) Shweta Agrawal (Appeal No.112/2021), Navita Bihani (Appeal No.113/2021) Vs 1) Ozone Projects Private Limited and 2) The Managing Director, Ozone Projects Private Limited		 04.02.2022
140 R.P. No.1/2022 in Appeal No.64/2020 Withdrawal of Review Petition.

Alliance Villa Pvt. Ltd., Vs 1) Mohana Sundhari and 2) Nagalingam		 07.02.2022
141 86/2021 Sale of common area by the promoter to the home buyers amounts to illegal act and liable to execute deed of re-conveyance and liable for punishment of imprisonment and fine.

1) Devendra Bhatia and 2) Anjula Bhatia Vs 1) K. Balasubramaniyan, 2) G.K.S. Technology Park Pvt. Ltd., 3) Tulive Viha Apartments Owners Association, 4) S. Ganesa Subramanian and 5) M. Suresh Kumar		 09.02.2022
142 M.A. No.203/2021, 22/2022 and 26/2022 in Appeal No.86/2021 Application for reception of documents in the Appeal cannot be entertained without sufficient reasons.

M.A. No.203/2021
1) Devendra Bhatia and 2) Anjula Bhatia Vs 1) K. Balasubramaniyan, 2) G.K.S. Technology Park Pvt. Ltd., 3) Tulive Viha Apartments Owners Association, 4) S. Ganesa Subramanian and 5) M. Suresh Kumar

M.A. No.22/2022
K. Balasubramaniyan Vs 1) Devendra Bhatia, 2) Anjula Bhatia, 3) G.K.S. Technology Park Pvt. Ltd., 4) Tulive Viha Apartments Owners Association, 5) S. Ganesa Subramanian and 6) M. Suresh Kumar

M.A. No.26/2022
S. Ganesa Subramanian Vs 1) Devendra Bhatia, 2) Anjula Bhatia, 3) K. Balasubramaniyan, 4) G.K.S. Technology Park Pvt. Ltd., 5) Tulive Viha Apartments Owners Association and 6) M. Suresh Kumar		 09.02.2022
143 89/2021 The allottee is liable to pay usage fees for common amenities if he agreed in the agreement.

Harmony Avakash Homes Pvt. Ltd., Vs Ville Franche Home Owners Association		 14.02.2022
144 6/2022 Adjudicating Officer has no power to decide the matter pertaining to grant of refund.

Akshaya Pvt. Ltd., Vs Minica Services Pvt. Ltd.,		 14.02.2022
145 117/2021 to 129/2021 Prayer is for handing over possession. After handing over possession prayer become infructuous.

Akshaya Pvt. Ltd., Vs J. Srinivas (Appeal No.117/2021), 1) Venkataramani and 2) V. Usha (Appeal No.118/2021), S. Geetha (Appeal No.119/2021), K.C. Settu (Appeal No.120/2021), V. Eswaran (Appeal No.121/2021), S. Rajesh (Appeal No.122/2021), Shanthi Veerappan (Appeal No.123/2021), 1) R. Berlin Raja Kumar and 2) A.R. Ajusha (Appeal No.124/2021), 1) M. Raja and 2) R. Sudha (Appeal No.125/2021), 1) S. Santhanam and 2) S. Gayatri Jayashree (Appeal No.126/2021), K. Kannan (Appeal No.127/2021), R. Jayaraman (Appeal No.128/2021), Arvind Jothiprakash (Appeal No.129/2021)		 16.02.2022
146 37/2021 Home buyers voluntary withdrawal from the project and default in payment leads to reduction of interest while refund.

North Town Estates Private Limited Vs 1) Julian Abraham, 2) Deepa Lucia Julian and 3) PVP Ventures Limited (formerly SSI Limited)		 21.02.2022
147 83/2021, 84/2021, 90/2021 and 99/2021 Rights of the home buyers and promoter have to be discussed and to be decided.

Capt. P.S.Dheenadayalan (Retd.,) (Appeal No.83/2021), Sub. Maj/H/Lt. K.Shunmugavelu (Appeal No.84/2021), Col. R.Ganesan (Appeal No.90/2021), Col. Sreeghanlal P Raman (Retd.,) (Appeal No.99/2021) Vs
1) Managing Director, Army Welfare Housing Organization (AWHO) and 2) Project Director, Army Welfare Housing Organization (AWHO) (Appeal Nos.83/2021, 84/2021, 90/2021)
1) Chairman, Army Welfare Housing Organization (AWHO) and 2) Managing Director, Army Welfare Housing Organization (AWHO) (Appeal No.99/2021)		 21.02.2022
148 92/2021 to 97/2021 Promoter is entitled to booking amount alone as cancellation charges.

Cybercity Mangadu Project (P) Ltd., Vs 1) Mohamed Yaseen and 2) Shriram Properties Ltd., (Appeal No.92/2021)
Shriram Properties Ltd., Vs 1) Mohamed Yaseen and 2) Cybercity Mangadu Project (P) Ltd., (Appeal No.93/2021)
Cybercity Mangadu Project (P) Ltd., Vs 1) Mohamed Thahir and 2) Shriram Properties Ltd., (Appeal No.94/2021)
Shriram Properties Ltd., Vs 1) Mohamed Thahir and 2) Cybercity Mangadu Project (P) Ltd., (Appeal No.95/2021)
Cybercity Mangadu Project (P) Ltd., Vs 1) K.M. Mohamed Rasik Ali and 2) Shriram Properties Ltd., (Appeal No.96/2021)
Shriram Properties Ltd., Vs 1) K.M. Mohamed Rasik Ali and 2) Cybercity Mangadu Project (P) Ltd., (Appeal No.97/2021)		 21.02.2022
149 98/2021 Land owner is neither allottee nor promoter hence not entitled to invoke Section 31 of RERA Act.

Kgeyes Residency Private Limited Vs Dr. S.Gnanasundaram		 21.02.2022
150 M.A. No.17/2022 to 20/2022 in Appeal No.83/2021, 84/2021, 90/2021 and 99/2021 Claim for reception of additional evidence negatived.

1) Managing Director, Army Welfare Housing Organization (AWHO) and 2) Project Director, Army Welfare Housing Organization (AWHO) Vs Capt. P.S.Dheenadayalan (Retd.,) (M.A. No.17/2022 in Appeal No.83/2021), Sub. Maj/H/Lt. K.Shunmugavelu (M.A. No.18/2022 in Appeal No.84/2021), Col. R.Ganesan (M.A. No.19/2022 in Appeal No.90/2021), Col. Sreeghanlal P Raman (Retd.,) (M.A. No.20/2022 in Appeal No.99/2021)		 21.02.2022
151 2/2022 Grant of refund after Newtech judgment of Supreme Court dated 11.11.2021 order of the Adjudicating Officer is liable to be set aside.

Mahindra Residential Developers Limited Vs R. Arun Prasad		 25.02.2022
152 115/2021 Promoter is liable to reimburse agreed pre EMI interest component.

1) Somasundaram Gopalakrishnan and 2) Meenakshi Shunmugam Vs Ozone Projects Private Limited		 02.03.2022
153 M.A. No.158/2021 in Appeal No.115/2021 Reception of additional documents not required when it was admitted by other side.

1) Somasundaram Gopalakrishnan and 2) Meenakshi Shunmugam Vs Ozone Projects Private Limited		 02.03.2022
154 3/2022 Non-compliance of Section 43(5) of RERA Act leads to rejection of Appeal.

1) G.K.S. Technology Park Limited and 2) Suresh Vaidyanathan Vs T. Aananthi		 02.03.2022
155 103/2021 Completion certificate obtained prior to commencement of the RERA Act entitled to exemption under Section 3(2)(b).

Akshaya Pvt. Ltd., Vs P. Anandasundaresan		 07.03.2022
156 M.A. No.30/2022 in Appeal No.103/2021 Reception of additional evidence accepted.

P. Anandasundaresan Vs Akshaya Pvt. Ltd.,		 07.03.2022
157 106/2021 When the purchaser has not even paid the booking amount and thereafter cancels the agreement on his own volition, whether he is entitled for refund?.

Alliance Villas Pvt. Ltd., Vs Rajesh		 18.03.2022
158 7/2022 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

K.G. Foundations (P) Ltd., Vs 1) V. Gnanasambandam and 2) G. Danya		 28.03.2022
159 R.P. No.2/2022 in Appeal No.89/2021 Review Petition.

Villefranche Home Owners Association Vs Harmony Avakash Homes Pvt. Ltd.,		 28.03.2022
160 114/2021 Non-compliance of pre-deposit order under Section 43(5) leads to dismissal of the appeal.

Manju Foundations Pvt. Ltd., Vs V. Alavandhar		 30.03.2022
161 8/2022 Regulatory Authority is empowered to issue consequential order after compliance of the direction.

1) K. Venkataramanan and 2) Latha Venkataramanan Vs 1) SPR & RG Constructions Private Limited, 2) Hiteshkumar P. Kawad and 3) M.G. Surendranath		 30.03.2022
162 78/2021 Having entered into an unregistered agreement for construction and received payments from the allottee, the promoter cannot escape from the liability to pay compensation for the delayed handing over of possession.

VGN Property Developers Pvt. Ltd., Vs 1) AR. Arun Ramesh and 2) M. Jaya Priya		 20.04.2022
163 141/2021 Orders passed by RERA are similar to judgments in Personam. It only decides the contractual disputes between the Promoter and the Allottee in a particular building project.

Dugar Housing Limited Vs C. Balasubramanian		 22.04.2022
164 12/2022 Pre conditional deposit as per Section 43(5) not made. Appeal dismissed.

K.G. Foundations Private Limited Vs M. Gandhi		 22.04.2022
165 31/2021 The appeal is disposed in terms of the settlement agreement. The original of the settlement agreement received from the mediation centre shall form part of this Order. Appeal disposed accordingly.

Emaar India Ltd., (formerly Emaar MGF Land Ltd.,) Vs Adnan		 08.06.2022
166 130/2021 In the event of mutual cancellation of booking between the Allottee and the Promoter, the Promoter shall also be liable to refund the Service Tax and it’s component such as SBC and KKC, to the allottee.

1) Cenotaph Developers LLP and 2) Olympia Tech Park Chennai Pvt. Ltd., (formerly KSM Housing Pvt. Ltd.,) Vs Vinny Sawhney		 17.06.2022
167 101/2021 Amendment to Section 8 of Arbitration Act, does not debar a complainant from approaching the RERA. Judgment of Supreme Court in EMAAR MGF Land Ltd., Vs Aftab Singh followed.

Indira Projects & Development (T) Pvt. Ltd., Vs 1) B. Madhan Kumar, 2) Preethi and 3) M.S. Elango		 24.06.2022
168 142/2021 Allottee purchased two flats in adjacent blocks, on the same floor. After taking possession combined the two flats by doing alterations without the knowledge of the promoter. The promoter is not liable for the costs and consequences.

E. Sundaravadivelu Vs BSR Builders Engineers & Contractors		 24.06.2022
169 R.P. No.3/2022 to 8/2022 in Appeal No.92/2021 to 97/2021 Review Petition.

Cybercity Mangadu Project (P) Ltd., Vs 1) Mohamed Yaseen and 2) Shriram Properties Ltd., (R.P. No.3/2022 in Appeal No.92/2021)
Shriram Properties Ltd., Vs 1) Mohamed Yaseen and 2) Cybercity Mangadu Project (P) Ltd., (R.P. No.4/2022 in Appeal No.93/2021)
Cybercity Mangadu Project (P) Ltd., Vs 1) Mohamed Thahir and 2) Shriram Properties Ltd., (R.P. No.5/2022 in Appeal No.94/2021)
Shriram Properties Ltd., Vs 1) Mohamed Thahir and 2) Cybercity Mangadu Project (P) Ltd., (R.P. No.6/2022 in Appeal No.95/2021)
Cybercity Mangadu Project (P) Ltd., Vs 1) K.M. Mohamed Rasik Ali and 2) Shriram Properties Ltd., (R.P. No.7/2022 in Appeal No.96/2021)
Shriram Properties Ltd., Vs 1) K.M. Mohamed Rasik Ali and 2) Cybercity Mangadu Project (P) Ltd., (R.P. No.8/2022 in Appeal No.97/2021)		 20.07.2022
170 21/2022 The Adjudicating Officer inspite of it is brought to his knowledge as to the Hon’ble Supreme Court Judgment in M/s. Newtech Promoters and Developers Pvt. Ltd., Vs. State of UP & Ors. case, ordered refund. Held not proper. Order setaside and remitted back to the Adjudicating Officer for segregation of the claim of refund and compensation and for fresh disposal.

Alliance Villas Pvt. Ltd., Vs 1) S. Dominic Savio and 2) D. Clotine Marie		 05.08.2022
171 10/2022 If an aggrieved person under the Real Estate (Regulation and Development) Act, 2016 opted for any one of the forums between the District Consumer Disputes Redressal Forum and RERA, he loses the right to simultaneously opt for the other for the same cause of action. Judgment of the Hon’ble Supreme Court in Ireo Grace Realtech Pvt. Ltd., vs Abhishek Khanna and others followed.

Mars Sun Properties Vs Dr. A.Ramalingam		 12.08.2022
172 18/2022 The term “total amount to be paid to the allottee” in the proviso to Section 43(5) includes all the amounts directed to be paid to the allottee under different category. Failure to deposit all those amounts leads to dismissal of the appeal.

1) M.N. Varadarajan and 2) Tapovan Senior Citizens Foundation Trust Vs 1) Tapovan Residents Welfare Association, 2) Tapovan Senior Citizens Foundation and 3) Tapovan Kovai Retirement Homes Pvt. Ltd.,		 26.08.2022
173 66/2021 Using the same registration number allotted for a particular project for the purpose of advertising other unregistered projects not only amounts to deceptive practice but also a clear violation of Section 3. Continuous violation by the promoter. Penalty of Rs.10,00,000/- imposed by the RERA enhanced to Rs.25,00,000/- to instill a deterrent effect.

1) Dawning Developers LLP and 2) Casagrand Builders Private Limited Vs L. Suresh Kumar		 02.09.2022
174 145/2021 Arbitration Clause in the Construction Agreement. It is only an optional remedy. Aggrieved Person either seek reference to Arbitrator or file Complaint before the RERA. If he opt to file a complaint before RERA, relief cannot be denied by invoking Section 8 of Arbitration Act. Further contentions in this regard cannot be allowed to be raised for the first time before the TNREAT.

SSM Builders & Promoters Vs Swaminathan & 15 Others		 02.09.2022
175 5/2022 Though the person who develops a plot/building and constructs apartments/building and the person who sells apartments/building are different persons both of them shall be deemed to be the promoters, within the meaning of Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016.

Norton Granites & Properties (P) Ltd., (formerly known as Norton Granites & Spinners (P) Ltd.,) Vs KG Foundations Pvt. Ltd.,		 02.09.2022
176 138/2021 and 139/2021 Promoter cannot carve out an unapproved project within an approved project by notionally dividing the area of an approved project into two, that too, to the detrimental of the rights of allottees. In such circumstances the written consent of 2/3 of the total number of allottees, contemplated U/s 14(2)(ii) is immaterial.

L&T South City Projects Pvt. Ltd., (now known as Pragnya South City Projects Pvt. Ltd.,) Vs 1) Shobana Subramanian, 2) Varun Gopan and 3) L&T Realty Limited (Appeal No.138/2021)
L&T South City Projects Pvt. Ltd., (now known as Pragnya South City Projects Pvt. Ltd.,) Vs 1) Sadhana Subramanian, 2) V. Subramanian and 3) L&T Realty Limited (Appeal No.139/2021)		 16.09.2022
177 35/2022 Necessary reliefs granted in the complaint preferred by the Residents Association. Citing the same TNRERA has disposed of the similar complaint filed by an allottee in his individual capacity. As such there is no scope for this Tribunal to entertain any appeal.

K. Leslie Jose David Vs Casa Grande Civil Engineering Private Limited		 16.09.2022
178 15/2022 Dispute between the parties settled amicably among themselves. Compromise agreement duly signed by the parties filed. Appeal disposed in terms of compromise agreement.

Jain Housing & Construction Ltd., Vs K.S. Nethranandam		 19.09.2022
179 36/2022 While disposing a complaint TNRERA imposed a penalty of Rs.10,00,000/- against the developer. Recovery order communicated to District Collector Chennai for recovery of the penalty as arrears of land revenue. Pending recovery the dissatisfied complainant moved again the TNRERA seeking severe punishment by filing execution petition. Citing the recovery proceedings the E.P. was disposed. No appeal can be entertained as against the formal order disposing the E.P.

Abhishek Modi Vs 1) Influence Infrastructure, 2) Influence Enterprises (India) Private Limited (formerly known as Influence Life Style Stores Pvt. Ltd.,), 3) Naresh Kumar Jain and 4) Varsha Jain		 19.09.2022
180 11/2022 The RERA alone has got jurisdiction to try the issue of refund and interest under Section 18 of the Real Estate (Regulation & Development) Act 2016. Adjudication Officer has got jurisdiction to award Compensation only U/s 12,14,18,19 of the Act. Judgment of Hon’ble Supreme Court in Newtech Promoters and Developers Pvt. Ltd., Vs. State of U.P. & Ors. dated 11.11.2021 followed.

TVH Estates Chennai Private Limited Vs P. Jai Narayanan Raj		 23.09.2022
181 20/2022 Complaint dismissed for default. On Appeal the complaint is ordered to be restored to the file subject to conditions.

Srinivasan Kesavachari Vs Real Value Promoters Pvt. Ltd.,		 23.09.2022
182 25/2022 and 26/2022 Pre conditional deposit as per Section 43(5) not made. Appeals dismissed.

Homefinders Housing Ltd., Vs Santhi Pitchaiya Nattar		 23.09.2022
183 9/2022 To claim exemption from registration of a land development project under Section 3(2)(a) of the Real Estate (Regulation and Development) Act, 2016, the area of the land must be within 500 sq. meters or the number of apartments proposed to be developed shall not exceed 8. The area comprised in how many revenue survey numbers and sub divisions are immaterial.

Jayaswathy Construction Private Limited Vs S. Ravichandran		 26.09.2022
184 28/2022 Pre conditional deposit as per Section 43(5) not made. Appeal dismissed.

1) Home Finders Housing Ltd., and 2) L'amicale Club & Resort Pvt. Ltd., Vs Jeganathan Tennis Missier		 30.09.2022
185 13/2022 Title disputes between two private parties in respect of a small portion of land which forms part and parcel of a major extent of a real estate project cannot be decided under the provisions of the Real Estate (Regulation and Development) Act, 2016.

V. Perumal Vs 1) Isha Homes (India) Pvt. Ltd., 2) Nazeem Sharief, 3) Nusrath Sharief and 4) Tanveer Sharief		 10.10.2022
186 104/2021 Promoter agreed to sell five villas for a sum of Rs.1,50,00,000/- but sold the villas to a third person. Alternatively agreed to sell seven villas in another project but sold only six villas to the purchaser and sold the 7th villa to a third person. The act of the promoter amounts to violation of Section 11(4)(a) of the Real Estate (Regulation and Development) Act, 2016. Imposition of penalty of Rs.1,00,000/- by TNRERA upheld.

Color Home Developers Pvt. Ltd., Vs 1) First Venture and 2) Religare Housing Development Finance Corporation Ltd.,		 17.10.2022
187 45/2022 to 54/2022 In layout projects, if the roads and open spaces were not gifted to the local body concerned as on 01.05.2017, the date of coming into force of sub section(1) of Section 3 of The Real Estate (Regulation and Development) Act 2016, then such project is an “ongoing project” not excluded under Rule 2(h) of the Tamil Nadu Real Estate (Regulation and Development) Rules 2017.

Sri Narayana Foundations (Real Agencies) Vs M. Sakthivel and 9 Others		 26.10.2022
188 3/2022 and 4/2022 Promoter cannot charge interest for the delayed payment by the Allottee before discharging his obligations as per the terms of the Tripartite agreement, to which he is a party.

1) G.K.S.Technology Park Ltd., and 2) Suresh Vaidyanathan, The Chief Executive Officer, G.K.S.Technology Park Ltd., Vs T. Aananthi (Appeal No.3/2022)
T. Aananthi Vs 1) G.K.S.Technology Park Ltd., and 2) Suresh Vaidyanathan, The Chief Executive Officer, G.K.S.Technology Park Ltd., (Appeal No.4/2022)		 11.11.2022
189 19/2022 Principal and Agent relationship cannot be presumed in the absence of valid Power of Attorney deed and no implied agency can also be presumed on the basis of any single incident.

1) M. Little Flower and 2) C.S. Surya Vs 1) R. Selvakumar and 2) T. Munna Basha, Chennai Construction		 11.11.2022
190 116/2021 Promoter proposed to develop 350 villas in a single phase. Application for registration of the project returned erroneously by TNRERA stating that the project does not require registration. Also failed to take cognizance of this mistake even during the hearing of a subsequent complaint. On appeal, the TNRERA is directed to take steps to register the Real Estate Project within two months.

K. Indira Vs S&P Foundation Private Limited		 14.11.2022
191 37/2022 Interim application to receive additional documents filed before TNRERA but dismissed. Appeal filed as against the interim order. Without prejudice to the rights of the appellant to raise this issue in the grounds of appeal that may be filed in future, this appeal is dismissed.

Shanmugam Foundation Pvt. Ltd., Vs Mangayarkarasi		 16.11.2022
192 38/2022 Interim application to receive additional documents filed before TNRERA but dismissed. Appeal filed as against the interim order. Without prejudice to the rights of the appellant to raise this issue in the grounds of appeal that may be filed in future, this appeal is dismissed.

Shanmugam Foundation Pvt. Ltd., Vs R. Kokilam		 16.11.2022
193 Unnumbered Appeal S.R. No.427/2022 Pre conditional deposit as per Section 43(5) not made. Appeal rejected.

Oragadam City Developers Private Limited and 4 Others Vs 1) Balaji Ramachandran and 2) Popjee Minnie Balaji		 18.11.2022
194 42/2022 Allottee not satisfied with the clarifications furnished by the Promoter with regard to their title to the property being developed as a real estate project. Promoter failed to establish his prima facie title over the property. Allottee is entitled to get refund of the amount paid by him with interest.

Alliance Villas Pvt. Ltd., Vs P.S. Srinivasan		 21.11.2022
195 Unnumbered Appeal S.R. No.625/2022 against CCP No.116/2021 Pre deposit amount as per Section 43(5) not made. Appeal rejected.

SSM Builders & Promoters Vs N. Prema		 21.11.2022
196 Appeal in S.R. No.685/2022 against CCP No.115/2021 Pre deposit amount as per Section 43(5) not made. Appeal rejected.

Grand Style Constructions Vs 1) K.S. Prateep Kumar, 2) Srividhya and 3) C.A. Prabhakar		 28.11.2022
197 80/2021 Principal and Agent relationship cannot be presumed in the absence of valid Power of Attorney deed and no implied agency can also be presumed on the basis of any single incident.

1) M.N. Balasundaram, 2) N. Baskar and 3) N. Sankar Vs 1) Dr. G.L.Govindan and 2) KNR Realty Properties Pvt. Ltd.,		 02.12.2022
198 81/2021 Principal and Agent relationship cannot be presumed in the absence of valid Power of Attorney deed and no implied agency can also be presumed on the basis of any single incident.

1) M.N. Balasundaram, 2) N. Baskar and 3) N. Sankar Vs 1) S. Suresh Kumar, 2) V. Jeeja Bai, 3) KNR Jothi Krishna, Managing Director, KNR Realty Properties Pvt. Ltd., 4) A. Savitha, Director, KNR Realty Properties Pvt. Ltd., 5) Seethapathy and 6) KNR Realty Properties Pvt. Ltd.,		 02.12.2022
199 14/2022 While adjudging Compensation U/s 71 read with Section 18(3) of the Real Estate (Regulation and Development) Act 2016, for the delayed handing over of possession, the Adjudicating Officer shall have due regards to the factors mentioned in Section 72 of the Act.

Jain Housing and Construction Ltd., Vs 1) R. Ravi and 2) Yamuna Ravi		 23.12.2022
200 64/2022 to 66/2022 All the three appeals are dismissed as withdrawn at the admission stage itself.

T.R.N. Murthy (Appeal No.64/2022), T.R.M. Eashwar (Appeal No.65/2022) and T.R. Sundar (Appeal No.66/2022) Vs 1) Ananya Krishna Constructions Pvt. Ltd., and 2) Y. Gangadhar		 03.02.2023
201 85/2021, 87/2021 and 107/2021 Vide common order passed A.Nos. 85 and 107 of 2021 are disposed in terms of compromise memo and A.No.87 of 2021 is dismissed as withdrawn.

Serene Kshetra Owners Association (SKOA) (Appellant in Appeal Nos.85/2021 & 87/2021 and Respondent in Appeal No.107/2021) Vs 1) Adinath Srinivasa Foundations LLP, 2) Anil Kumar Seth, Designated Partner, Adinath Srinivasa Foundations LLP and 3) Jitendra Bhandari, Designated Partner, Adinath Srinivasa Foundations LLP (Respondents in Appeal Nos.85/2021 & 87/2021 and Appellants in Appeal No.107/2021)		 15.02.2023
202 6/2023 Promoter obtained CMDA approval for constructing 6 flats along with 6 covered car parking and 6 two wheeler parking. But violating the approved building plan he had constructed 8 flats with separate kitchen facilities resulting in considerable reduction in parking space. Opportunity costs awarded in favour of the allottee by the Adjudicating Officer under Section 14 is upheld. Appeal dismissed at the admission stage.

R. Radhakrishnan Vs 1) Malathi Badri and 2) P.N. Badri		 24.02.2023
203 7/2023 Interim application to implead proposed party as one of the respondents in the Complaint pending before TNRERA was filed by the complainant and allowed. Appeal preferred by the proposed party against the said order. Appeal disposed off with a direction to TNRERA, to decide the question whether the proposed party was only an Allottee or a Promoter, at the time of finally deciding the complaint.

Four Square Landmarks Pvt. Ltd., Vs 1) Sherine Manoj, 2) M. Jeyasakaran, Proprietor, Baskara Construction and Estates, 3) S. Gowri and 4) K. Padma		 01.03.2023
204 8/2023 Appeal dismissed as withdrawn with liberty to the appellant to work out their remedy in accordance with law.

Four Square Landmarks Pvt. Ltd., Vs Sherine Manoj and Others		 01.03.2023
205 R.P. No.1/2023 in M.A. No.184/2021 in Appeal No.133/2021 Review Petition dismissed as withdrawn.

Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs Sridhar Punniamurthi		 08.03.2023
206 146/2021 and 147/2021 Both the appeals are dismissed as withdrawn.

RCC E-Construct Pvt. Ltd., Vs Arutselvi and Others		 10.03.2023
207 31/2022 and 32/2022 After the judgment of the Hon’ble Supreme Court in Newtech Promoters and Developers Pvt. Ltd., Vs State of UP and others dt.11.11.2021, the Adjudicating Officer has no power even to execute any order touching the issue of refund.

Sameeraa Foundation Private Ltd., Vs 1) A. Prashanth, 2) Karthiga and 3) BBCL Properties Private Ltd.,		 10.03.2023
208 R.P. No.4/2023 in Appeal No.33/2020 Review Petition dismissed.

1) Sylvanus Builders & Developers Ltd., and 2) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs K. Srikar Reddy		 17.03.2023
209 11/2023 Planning Permission obtained from the CMDA for developing a layout project. Contrary to that, the promoter developed the land as a Villa project by engaging another developer. Assured amenities not provided as on 01.05.2017. The project shall be considered as an ongoing project and to be registered with the TNRERA.

Color Homes Developers Pvt. Ltd., Vs 1) S. Sudarsan Babu and 2) Silver Sands Property Development Pvt. Ltd.,		 12.04.2023
210 R.P. No.2/2023 and 3/2023 in M.A. No.185/2021 and 186/2021 in Appeal No.134/2021 and 135/2021 The Review Petitions are devoid of merits and the same are dismissed.

Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs 1) P.N. Vidya & 2) A.P. Manikandan (Review Petition No.2/2023) and M.G. Sarangan (Review Petition No.3/2023)		 17.04.2023
211 12/2023 and 13/2023 Both the appeals are dismissed at the admission stage itself as there are no merits in the appeals.

Army Welfare Housing Organisation Vs Col. C.M.Unnithan (Retired)(Appeal No.12/2023) and Capt. Nagarajan Vasudeva Rao (Appeal No.13/2023)		 21.04.2023
212 16/2023 In a layout project, Appellant / Promoter, after receipt of Rs.10,00,000/- as advance, wantonly allotted the open space reserved for public purpose to the allottee. Upon gaining knowledge, the allottee intended to withdraw from the project and sought for refund of the advance with interest. RERA ordered refund with interest. Appeal preferred and dismissed at the admission stage itself as there are no merits in the appeal.

1) M.S.Builders and 2) MS Foundations Pvt. Ltd., (Formerly MS Land Promoters Private Limited) Vs G.K. Vijay		 26.04.2023
213 23/2022 When similar orders of the TNRERA passed in common, in respect of a common issue, and have become final upon dismissal of the connected appeals, the same issue cannot be re-agitated in yet another parallel appeal proceedings.

1) SPR & RG Constructions Private Limited, 2) Hitesh Kumar P Kawad, Managing Director, SPR & RG Constructions Private Limited and 3) M.G. Surendranath, Director, SPR & RG Constructions Private Limited Vs V.K. Vijayaraghavan		 12.06.2023
214 R.P. No.4/2023 in Appeal No.33/2020 Corrected copy of the order in R.P.No.4 of 2023 dated 17.03.2023.

1) Sylvanus Builders & Developers Ltd., and 2) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs K. Srikar Reddy		 12.06.2023
215 M.A. No.58/2023 in Appeal (SR).No.189/2023 The applicant has not stated a single reason to condone the delay of 210 days. Hence the application seeking to condone the delay of 210 days in filing the appeal cannot be allowed. Accordingly, the same is dismissed. Consequently, the appeal in S.R.No.189 of 2023 is rejected.

Casa Grande Shelter LLP Vs 1) Imran Malik Zafrulla Malik and 2) Nafeesatal Misria Packir Mohamed		 16.06.2023
216 27/2022 Recouping the interest component paid to the bank along with E.M.I. is different from returning of the amount received by the Promoter under Section 18 of The Real Estate (Regulation and Development) Act, 2016.

Grove OMR Properties Private Ltd., Vs David Joseph		 26.06.2023
217 1/2023 to 4/2023 and 10/2023 Allottees of Phase-I, have no right over the open space reserved for Phase-II, especially when all the assured amenities including OSR were already provided in Phase-I for the exclusive use of the Allottees of Phase-I.

Col. R.Ganesan Vs 1) Army Welfare Housing Organisation (AWHO), Rep. by its Managing Director and 2) The Project Director, AWHO (Appeal No.1/2023)
Capt. P.S.Dheenadayalan (Retd.) Vs 1) Army Welfare Housing Organisation (AWHO), Rep. by its Managing Director and 2) The Project Director, AWHO (Appeal No.2/2023)
Sub. Maj/H/Lt. K.Shunmugavelu Vs 1) Army Welfare Housing Organisation (AWHO), Rep. by its Managing Director and 2) The Project Director, AWHO (Appeal No.3/2023)
Col. Sreeghanlal P.Raman (Retd.) Vs 1) Army Welfare Housing Organisation (AWHO), Rep. by its Chairman and 2) Army Welfare Housing Organisation (AWHO), Rep. by its Managing Director (Appeal No.4/2023)
Raman Vihar Apartments Owners Association, Rep by its President, Lt. Col. P.Sankarappan Vs Army Welfare Housing Organisation (AWHO), Rep. by its Managing Director (Appeal No.10/2023)		 26.06.2023
218 34/2023 Appeal dismissed at the admission stage itself as devoid of merits.

Newry Properties Pvt. Ltd., Vs 1) K. Ganesan and 2) V. Mahalakshmi		 26.06.2023
219 36/2023 Appeal dismissed as withdrawn.

Mahidhara Central Owners Welfare Association (MCOWA) Vs Mahidhara Projects Private Limited		 12.07.2023
220 29/2022 Appeal disposed in terms of the Joint Memorandum of Compromise dated 21.07.2023. The Joint Memorandum of Compromise shall form part of the order.

Jain Housing & Construction Ltd., Vs 1) S. Ravi and 2) R. Sharath Kumar		 21.07.2023
221 43/2023 Appeal dismissed as withdrawn.

Malles Aashira Owners Welfare Association Vs 1) Malles Construction Pvt. Ltd., and 2) Malles Akankssha Flat and Villa Owners Welfare Association		 21.07.2023
222 9/2023 and 15/2023 Appeals disposed in terms of the Joint Memorandum of Compromise dated 24.07.2023. The terms of Joint Memorandum of Compromise shall form part of the order passed in the appeals.

D. Sunil Vs Alliance Mall Developers Company Private Ltd.,		 24.07.2023
223 38/2023 The power to impose of penalty under Section 38(1) of the Real Estate (Regulation and Development) Act, 2016 is purely a discretionary power of the Real Estate Regulatory Authority and not a mandatory one. Once the quantum of penalty is determined subject to Section 61 of the Act, the promoter shall be liable to pay the penalty. No appeal will lie against the failure to impose penalty by the Authority.

Victoria Flat Owners Welfare Association Vs K. Shankar Karikar, Proprietor, Corner Stone Builders		 24.07.2023
224 R.P. No.5/2023 in Appeal No.6/2023 Subject to modifications made the Review petition dismissed.

R. Radhakrishnan Vs 1) Malathi Badri and 2) P.N. Badri		 26.07.2023
225 33/2023 Appeal dismissed as withdrawn.

S. Ashokkumar Vs 1) S dot G Housing, Rep. by its Chairman, Sivashanmugam, 2) S dot G Housing, Rep. by its Vice Chairman, I.S.Santhosh and 3) S dot G Housing, Rep. by its Partner, Gowri		 28.07.2023
226 1/2022 The appellants are hereby permitted to install a separate CCTV surveillance system for their separate use at their own costs without affecting the privacy of the other allottees in the project.

1) SP. Arulappaa and 2) G. Premalatha Vs A.N.Builders		 31.07.2023
227 18/2023 and 19/2023 Inspite of expiry of seven years possession was not handed over to the allottee for no fault of them. Complaint filed seeking refund with interest and compensation. Single Member of TNRERA dismissed the complaint stating possession was already handed over and hence no refund can be claimed. Appeal preferred. On facts it is nobody’s case that possession was handed over. Entire amount paid by the allottees ordered to be refunded with interest at 9%. Appeals allowed.

Vijay Shankar Venugopal Vs 1) RGE Constructions and Development Pvt. Ltd., and 2) Niranjana Ramakrishnan (Appeal No.18/2023)
S.K. Balasubramanian vs 1) RGE Constructions and Development Pvt. Ltd., and 2) Niranjana Ramakrishnan (Appeal No.19/2023)		 31.07.2023
228 14/2023 Matter amicably settled between the parties. Memorandum of understanding filed. Appeal dismissed as withdrawn.

Sruthi Manjari Roshan Vs Indira Projects & Developments (T) Pvt. Ltd.,		 04.08.2023
229 22/2022 Allottee cancelled the booking on the ground of delay in handing over of possession. Again entered into an agreement subsequent to the cancellation and agreed to take possession at a later date. Allottee estopped from demanding refund of the amount paid by him.

Vishnukumar Balasubramanian Vs Casa Grand Builder Private Limited		 07.08.2023
230 44/2022 The appellant failed to establish that the Common Amenities Area reserved for providing special senior care services falls within the villa project area. The allottees have no right of UDS over the Common Amenities Area reserved for providing special senior care services. Appeal dismissed.

Serene Kshetra Owner's Association Vs 1) Serene Senior Living Pvt. Ltd., 2) Adinath Srinivasa Foundations LLP and 3) Columbia Pacific Communities Private Ltd., (formerly known as Serene Senior Care Private Ltd.,)		 07.08.2023
231 23/2023 Subsequent purchaser of some rights in the real estate project trying to demolish the sewage treatment plant and overhead tank while a complaint between the allottees association and the original promoter is pending before TNRERA. The subsequent purchasers were impleaded as parties. After impleading the TNRERA passed an interim order restraining them from causing any hindrance and disturbance to the sewage treatment plant and overhead tank. Appeal preferred against the said interim order. No illegality in the interim order passed. Appeal dismissed.

1) RDB Realty Infrastructure Limited and 2) VK Apartments Private Limited Vs 1) Suncity Villa and Flat Owners Association and 2) Amar Prakaash Developers		 09.08.2023
232 30/2023 Appeal allowed. Matter is remitted back to the learned Single Member, TNRERA for fresh consideration.

Vishal Chauhan Vs Golden Homes Pvt. Ltd.,		 09.08.2023
233 40/2023 Promoter abandoned the project and pursuing Insolvency proceedings before NCLT. One of the allottees association, out of the two allottees association obtained, in the year 2021, an order from TNRERA to collect contribution from each allottee so as to raise fund to complete the remaining construction and amenities. No appeal filed as against the said order of TNRERA. Refusing to pay contribution one of the allottee preferred a fresh complaint and the same was dismissed by TNRERA. Appeal preferred and dismissed at the admission stage.

C. Uma Vs 1) Real Value Promoters Pvt. Ltd., and 2) Neelkamal Apartments Buyers Association (NABA)		 11.08.2023
234 46/2023 Promoter abandoned the project and pursuing Insolvency proceedings before NCLT. One of the allottees association, out of the two allottees association obtained, in the year 2021, an order from TNRERA to collect contribution from each allottee so as to raise fund to complete the remaining construction and amenities. No appeal filed as against the said order of TNRERA. Refusing to pay contribution, nine of the allottees jointly preferred a fresh complaint and the same was dismissed by TNRERA. Appeal preferred and dismissed at the admission stage.

S. Ganesan and 8 Others Vs 1) Real Value Promoters Pvt. Ltd., and 2) Neelkamal Apartments Buyers Association (NABA)		 11.08.2023
235 40/2022 Appeal disposed in terms of the Joint Memorandum of Compromise. The Joint Memorandum of Compromise shall form part of the order.

1) Grace Gated Community LLP and 2) Casa Grand Civil Engineering Private Ltd., Vs Vinishya		 18.08.2023
236 41/2022 By way of affidavit of undertaking, the promoter agreed to provide the amenities within the project land and not in the common OSR land. Affidavit taken on record and the promoter is directed to provide all the amenities in the project land within a period of 9 months. Appeal disposed of with the above directions.

P. Venkat Rayudu Vs Y. Sudarsana Rao and Others		 21.08.2023
237 48/2023 Goods and Services Tax collected at the old rate of 12% by the promoter, who filed the option form as per the decision taken by the GST council in its 34th meeting held on 19.03.2019, cannot be held excessive.

1) M. Shankar and 2) C.S. Brindha Vs Casa Grande Shelter LLP		 21.08.2023
238 49/2023 Complaint of water stagnation in the combined toilet and bathroom. TNRERA directed the promoter to rectify the complaint. Appeal preferred by the promoter is dismissed.

Navin's Housing and Properties Pvt. Ltd., Vs G. Ramamoorthy		 21.08.2023
239 S.R. No.531/2023 Appeal preferred challenging the order to issue recovery warrant, passed by the Adjudicating Officer, TNRERA in the Execution Proceedings. For entertaining the appeal Pre-deposit of the amount ordered to be paid to the allottee is mandatory as per Section 43(5). Pre-deposit not made. Following the Judgment of the Hon’ble Supreme Court in Newtech Promoters case appeal dismissed as not maintainable.

Eco Bay Developers and Builders Pvt. Ltd., Vs 1) R. Santhana Raj, 2) S. Krishnaveni and 3) R. Sankara Avudaiyammal		 21.08.2023
240 S.R. No.533/2023 Appeal preferred challenging the order to issue recovery warrant, passed by the Adjudicating Officer, TNRERA in the Execution Proceedings. For entertaining the appeal Pre-deposit of the amount ordered to be paid to the allottee is mandatory as per Section 43(5). Pre-deposit not made. Following the Judgment of the Hon’ble Supreme Court in Newtech Promoters case appeal dismissed as not maintainable.

Eco Bay Developers and Builders Pvt. Ltd., Vs R. Santhana Raj		 21.08.2023
241 S.R. No.535/2023 Appeal preferred challenging the order to issue recovery warrant, passed by the Adjudicating Officer, TNRERA in the Execution Proceedings. For entertaining the appeal Pre-deposit of the amount ordered to be paid to the allottee is mandatory as per Section 43(5). Pre-deposit not made. Following the Judgment of the Hon’ble Supreme Court in Newtech Promoters case appeal dismissed as not maintainable.

Eco Bay Developers and Builders Pvt. Ltd., Vs K. Saravana Eswaran		 21.08.2023
242 24/2022 Appeal dismissed as withdrawn.

1) JPG Housing and Projects Private Limited, 2) M.J. Gopinathan (Managing Director) and 3) G. Vanitha (Director) Vs G. Jothimani		 23.08.2023
243 55/2022 to 58/2022 Appellant/promoter failed to discharge their burden to prove that the amount paid by the allottee as per the construction agreement, has been refunded to him in full with interest. Appellant bound to execute sale deed and hand over possession of the apartment.

Lokaa Developers Private Limited Vs Monitor Commercial Private Limited (Appeal No.55/2022), Monitor Commercial Private Limited (Appeal No.56/2022), Bright Star Texim and Finvest Private Limited (Appeal No.57/2022) and Sriniwasa Road Carriers Private Limited (Appeal No.58/2022)		 25.08.2023
244 5/2023 Stilt parking spaces being part of common areas of the building developed by the promoter, the only right that the promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space is neither a flat nor a garage and hence cannot be sold.

A. Priyadarshini Vs K.S. Ramabadran, Managing Director, Sri Sudharshana Housing Pvt. Ltd.,		 25.08.2023
245 67/2022 to 72/2022 As per the letter of acceptance and undertaking annexed with the brochure, the allottee accepted to bear the cost of stamp duty, registration charges, etc., required under the local bye-laws at the time of registration of dwelling units. Hence, the allottee is directed to bear the cost of stamp duty and registration charges to get the sale deed executed in their favour.

V. Ratna Sababathy (Appeal No.67/2022), G. Panduranga Rao (Appeal No.68/2022), K.A. Manoharan (Appeal No.69/2022), K. Swaminathan (Appeal No.70/2022), Shyamadhar Ram (Appeal No.71/2022) and S. Meyyappan (Appeal No.72/2022) Vs The Managing Director, Indian Railway Welfare Organization (IRWO)		 08.09.2023
246 25/2023 Appeal disposed of in terms of the Joint Memorandum of Compromise dated 11.09.2023.

1) Nangooram Builders Private Limited and 2) T. Rajasekar, Managing Director, Nangooram Builders Private Limited Vs Nangooram Namma Veedu House Owners' Welfare Association		 11.09.2023
247 55/2023 to 57/2023 Since the registration of the project expired even prior to the filing of this appeal the prayer sought for by the complainants before the TNRERA has become infructuous. In the event of the registration is being extended after 27.07.2023, it would be open to the appellants to file fresh complaints before TNRERA, if so advised.

E. Nanda Kumar (Appeal No.55/2023), M. Gautam (Appeal No.56/2023) and K. Jeya (Appeal No.57/2023) Vs 1) P.G. Prabhakar Reddy, Managing Director, P dot G Constructions (P) Ltd., and 2) RCC E-Construct Private Limited		 11.09.2023
248 24/2023 Matter settled out of court amicably between the parties. Both the parties made endorsement to that effect in the Memorandum of Appeal. Recording the settlement the appeal is disposed of. The respondent/complainant permitted to withdraw the amount deposited by the appellant under Section 43(5) of the Act with accrued interest in full and final settlement of his claim of refund.

IVR Hotels & Resorts Ltd., Vs Mukhtar Parvez		 13.09.2023
249 32/2023 I) Common area and limited common area are not one and the same. As per Section 3(o) of the Apartment Ownership Act, 1994, limited common area means those common areas and facilities reserved for certain apartment or apartments to the exclusion of other apartments.
II) Stilt parking spaces being part of common areas of the building developed by the promoter, the only right that promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Judgment of Hon’ble Supreme Court in Nahalchand Laloochand Pvt. Ltd., Vs Panchali Co-operative Housing Society Limited reported in (2010) 9 SCC 536 (paragraphs 60 and 61) is followed.

A. Ashok Kumar Vs 1) Kgeyes Residency (P) Ltd., and 2) Udita Residents' Welfare Association		 13.09.2023
250 50/2023 Before paying the entire cost of construction and before completing the registration of sale deed if the allottee carry out some interior decoration works, he is doing so at his own risk and cost. Unless and until the promoter specifically authorize the allottee to carry out such interior decoration works the promoter cannot be made liable for the costs incurred by the allottee.

1) S. Natarajan and 2) T. Gomala Geetha Vs Rajkham Infra Pvt. Ltd.,		 13.09.2023
251 62/2023 On payment of the balance sale consideration as per the terms of construction agreement and on payment of the incremental demand by the allottee as per the resolution plan approved by the NCLT, the promoter is bound to execute the sale deed in favour of the allottee. After the Resolution plan approved by NCLT it is not necessary that the allottee have the only option to move NCLAT. Remedies available to the aggrieved home buyers under RERA, consumer forum, NCLT are concurrent remedies. They can approach any one of the forum of their choice.

RCC E-Construct Private Limited Vs 1) R. Ganesh and 2) N. Ravichandran		 13.09.2023
252 65/2023 Complaint filed for interest on the amount paid by the allottee for the delay in handing over of possession and for refund of car parking charges with interest. Exparte order passed by the learned Adjudicating Officer on 31.08.2021. On payment of cost of Rs.10,000/- appeal allowed. In view of the Judgment of the Hon’ble Supreme Court in Newtech case reported in 2021 SCC online SC 1044, matter remitted back to the learned Single Member, TNRERA for fresh disposal after giving opportunity to both sides on merits and in accordance with law within a period of 6 weeks from the date of the receipt of the order copy.

Casa Grande Civil Engineering Pvt. Ltd., Vs 1) Ajmal Khan and 2) Finozia Farveen		 15.09.2023
253 S.R. No.736/2022 and 738/2022 With liberty to restore the appeals, in the event of the appellant succeeding in W.P (SR) Nos. 78910 and 78911 of 2023, the appeals in A.(SR) Nos. 736 and 738 of 2022 are hereby closed.

Dugar Housing Limited Vs 1) K. Arangannal & 2) A. Arasi (S.R. No.736/2022) and Dr. N.Jayanthi (S.R. No.738/2022)		 15.09.2023
254 20/2023 to 22/2023, 58/2023 and 59/2023 The appeals are partly allowed and the respondent/promoter is directed to provide all the pending amenities on or before 31.12.2023, if not provided so far.

1) Ramasamy Selvaraju and 2) Rajeswari Selvaraju Vs 1) Sobha Limited (formerly Sobha Developers Ltd.,) and 2) Sri Durga Devi Property Management Pvt. Ltd., (Appeal No.20/2023)
1) V. Velmurugan and 2) Pramila Velmurugan Vs 1) Sobha Limited (formerly Sobha Developers Ltd.,) and 2) Sri Kanakadurga Property Developers Pvt. Ltd., (Appeal No.21/2023)
Vijayan Chandrababu Vs 1) Sobha Limited (formerly Sobha Developers Ltd.,) and 2) Sri Kanakadurga Property Developers Pvt. Ltd., (Appeal No.22/2023)
1) Ramasamy Rajasekar and 2) Jothi Rajasekar Vs 1) Sobha Limited (formerly Sobha Developers Ltd.,) and 2) Sri Kanakadurga Property Developers Pvt. Ltd., (Appeal No.58/2023)
1) T.V. Panchapakesan and 2) P. Banumathi Vs 1) Sobha Limited (formerly Sobha Developers Ltd.,) and 2) Sri Kanakadurga Property Developers Pvt. Ltd., (Appeal No.59/2023)		 20.09.2023
255 31/2023 The extent of the land proposed to be developed is 354 sq.m. Only 8 apartments were constructed in the project land. As per Section 3(2)(a) the project is exempted from registration under Section 3(1) of the Real Estate (Regulation and Development) Act, 2016. Imposition of penalty of Rs.1,00,000/- for non-registration of the project by the learned Single Member, TNRERA is set aside. Penalty amount deposited under Section 43(5) is ordered to be refunded to the appellant.

Rammiyam Homes Vs 1) I. Yasmin and 2) S. Padmini		 20.09.2023
256 35/2023 I) Common area and limited common area are not one and the same. As per Section 3(o) of the Apartment Ownership Act, 1994, limited common area means those common areas and facilities reserved for certain apartment or apartments to the exclusion of other apartments.
II) Stilt parking spaces being part of common areas of the building developed by the promoter, the only right that promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Judgment of Hon’ble Supreme Court in Nahalchand Laloochand Pvt. Ltd., Vs Panchali Co-operative Housing Society Limited reported in (2010) 9 SCC 536 (paragraphs 60 and 61) is followed.

1) Project Director, Army Welfare Housing Organization and 2) Army Welfare Housing Organization Vs Col. R.Ganesan		 20.09.2023
257 47/2023 An allottee of a real estate project, which is exempted from registration as per Section 3(2)(a) of the Real Estate (Regulation and Development) Act, 2016, can prefer a complaint under Section 31 for other reliefs. Registration of the real estate project has nothing to do with the filing of complaint under Section 31 of the Act.

Prathiksha Properties Vs Kotteeswari		 20.09.2023
258 66/2023 The bar of jurisdiction of Civil Court created under Section 79 of the Real Estate (Regulation and Development) Act, 2016, will be applicable only 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. There is no specific provision under the Real Estate (Regulation and Development) Act, 2016 empowering the Authority or the Appellate Tribunal to declare a registered document as null and void.

1) Kasinathan and 2) Jayamala Kasinathan Vs P. Shanmugam		 20.09.2023
259 Appeal No.34 of 2022 (M.A.Nos.64, 167 to 169 of 2023 and M.A.(SR).Nos.733 & 734 of 2023) and

Appeal No.43 of 2022 (M.A.No.108 of 2022 and M.A.(SR).No.735 of 2023)		 The prayer of an allottee of a Real Estate Project, to probe into or to investigate the financial dealings of the Respondent/Promoter Company by the Real Estate Regulatory Authority, is beyond the scope and purview of the Real Estate (Regulation and Development) Act, 2016.
Assured amenities not provided in the real estate project as on 01.05.2017. The real estate project shall be considered as an ongoing project and required to be registered with TNRERA.

Vandana Parvez Vs IVR Hotels & Resorts Private Ltd., and Others (Appeal No.34/2022)
IVR Hotels & Resorts Private Ltd., Vs Vandana Parvez and Others (Appeal No.43/2022)		 27.09.2023
260 63/2022 The Respondents/Promoters should restrict the number of car parking and two-wheeler parking strictly as per the approved plan. If any alterations are proposed to be carried out to increase the number of car parking such alterations should be carried out only after getting the prior written consent of at least two-thirds of the allottees as per Section 14(2)(ii) of the Real Estate (Regulation and Development) Act, 2016. Appeal dismissed with the above directions.

Casa Grand Smart Town Buyers & Owners Association Vs 1) Casa Grande Civil Engineering Private Limited and 2) Grace Gated Community LLP		 27.09.2023
261 17/2023 Appellant/Promoter though obtained DTCP approval for developing a layout project, indulged in constructing more than 170 villas out of 298 villa plots. Therefore, the real estate project is a villa project and not a layout project. Consequently, Rule 2(h)(i) of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017, cannot be invoked for seeking exemption from registration. Assured amenities not provided in the real estate project as on 01.05.2017. The real estate project shall be considered as an ongoing project and required to be registered with TNRERA.

Bahri Estates Pvt. Ltd., Vs BBC-SOS Association		 27.09.2023
262 64/2023 Complaint dismissed for default by TNRERA. On appeal, the order of dismissal is set aside and matter remitted back to the Authority for fresh consideration and disposal according to law. Both parties or their counsels are directed to appear before the learned Single Member, TNRERA on 16.10.2023 without fail.

V. Chinnathambi Vs State Bank of India Officers Association Chennai Circle (SBIOACC)		 04.10.2023
263 M.A.(SR).No.990 and 991 of 2023 in Appeal No.18/2023 and
M.A.(SR).No.994 and 995 of 2023 in Appeal No.19/2023
 Appeals disposed of on merits after hearing the counsel for the appellant as the respondents failed to appear despite service of notice through registered post as well as through private notice. Applications filed by the respondents to recall the common order passed in the appeals. There is no specific provision available under the Real Estate (Regulation and Development) Act, 2016, for recalling the order which was passed on merits. Applications rejected.

1) RGE Constructions and Development Private Limited and 2) Niranjana Ramakrishnan Vs Vijay Shankar Venugopal (M.A.(SR).No.990 and 991 of 2023)
S.K. Balasubramanian (M.A.(SR).No.994 and 995 of 2023)		 06.10.2023
264 17/2022 A person entering into a Marketing Agreement with the Promoter of a real estate project, with a view to promote the business of the Promoter on commission basis, will be the agent of the said Promoter. He cannot be equated on par with the Promoter and held liable for any compensation payable to the Allottee.

P. Rani Vellamal Vs 1) Green Avenue Homes & Gardens, 2) Artha Properties, 3) Bennet Property Holdings Company Limited and 4) Artha Real Estate Corporation Limited		 09.10.2023
265 S.R. No.371/2022 Recording the submissions made by the learned counsel for the appellants, the Appeal in A.(SR).No.371 of 2022 stands closed. In the event of the appellants succeeding in the Civil Revision Petition in C.R.P.(PD).No.1788 of 2023 pending on the file of the Hon’ble High Court of Madras, it is open to the appellants to restore the appeal.

Hari Gautham and Others Vs K. Mala and Others		 11.10.2023
266 63/2023 As per Section 18(1) of the Real Estate (Regulation and Development) Act, 2016, the Allottee is entitled for refund of the entire amount paid by him where the Promoter fails to complete or unable to give possession of the apartment as per the agreement or due to discontinuation of business as a Promoter on account of suspension or revocation of the Registration under the Act or for any other reasons. If the Allottee wants to withdraw from the project except for the default of the Promoter, the Promoter is entitled to deduct the booking amount as per the terms of the Agreement.

S.V. Ramesh Vs Emerald Haven Realty Developers (Paraniputhur) Pvt. Ltd.,		 11.10.2023
267 67/2023 If the Allottee fails to make payment as per the payment schedule and continue the default despite legal notice, the Promoter is entitled to cancel the allotment and to deduct the booking amount as per the terms of the Agreement.

Dhivya R Kottapadi Vs Baashyaam Constructions Pvt. Ltd.,		 11.10.2023
268 59/2022 Allottee is not liable to pay maintenance until the project was completed in all respects and possession was handed over to him.

Thamizh Chelvan Vs 1) Puravankara Limited (Formerly Puravankara Projects Limited), 2) Provident Housing Ltd., and 3) Cosmo City Residents Welfare Association (CCRWA)		 13.10.2023
269 68/2023 As per Section 56 of the Real Estate (Regulation and Development) Act, 2016, it is not mandatory that any Applicant should engage either a Chartered Accountant or a legal practitioner to represent him before the Regulatory Authority or the Adjudicating Officer. The directions contained in Section 56 of the Real Estate (Regulation and Development) Act, 2016 is only directory in nature.
The subsequent purchaser of an apartment is entitled for the car park allotted to his vendor namely the original allottee.

Padmavathi Realty and Promoters Pvt. Ltd., Vs M. Gokulnath		 13.10.2023
270 39/2023 Appeal dismissed as withdrawn.

K.V.Capital Vs Fifth Field Realtors Private Limited		 16.10.2023
271 69/2023 The learned counsels appearing for both the appellant and the respondents, submitted that the parties had settled the matter out of court. The learned counsel for the appellant filed a Compromise Memo dated 01/11/2023 and the same was taken on record. Recording the submission made by the learned counsel for the appellant the appeal stands closed. The terms of Compromise Memo shall form part of the order.

Casa Grand Civil Engineering Private Ltd., Vs 1) V. Lalitha and 2) V. Ramakrishnan		 01.11.2023
272 M.A. No.174/2023 in Appeal (SR).No.109/2023 Recording the submission made by the learned counsel appearing for the appellant and the respondents, appearing in person, the application is disposed of in terms of the Joint Memorandum of Compromise dated 01/11/2023. The Respondents also acknowledged the due execution of the Joint Memorandum of Compromise. Consequently, the appeal in Appeal (SR).No.109 of 2023 stands closed. The Joint Memorandum of Compromise shall form part of the order.

Casa Grande Homes Private Limited Vs 1) M. Prem Rajan and 2) P. Sithara		 01.11.2023
273 33/2022 Promoter handed over possession on 18.09.2020 during the peak period of Corona pandemic. Allottees took possession and formed Association through virtual meetings. Promoter provided supply of water by making necessary alternative arrangements to the appreciation of the allottees’ Association. The contention raised by the allottee, who is also the President of the allottees’ Association, that the handing over of possession was not in a habitable condition due to lack of basic amenities and that the allottee is entitled for compensation is rejected.

Srinivasan Govindarajan Vs Casa Grande Shelter LLP		 03.11.2023
274 54/2023 The Decree Holder is not entitled to ask for any new reliefs in the Execution Petition. Prayer to set aside Sale Deeds and prayer to grant permanent injunction restraining the Singanallur SRO, Coimbatore from registering any Sale Deeds are beyond the scope of the Real Estate (Regulation and Development) Act, 2016. While executing the order passed in C.No.326 of 2019 TNRERA refused to grant those new reliefs. Appeal preferred and dismissed.

Vrikshaa Vassees Welfare Association Vs Dhanaas Property Developers		 03.11.2023
275 70/2023 For the same apartment, Appellants/Complainants paid the booking amount and the Construction Agreement was executed by some other person. By no stretch of imagination the Appellants/Complainants cannot be called as allottees. Complaint filed for refund. Dismissed by TNRERA. Appeal preferred and dismissed as not maintainable.

1) D. Sivasankaran and 2) N. Usha Kumari Vs Casa Grande Builder Pvt. Limited		 03.11.2023
276 71/2023 No layout was prepared. No DTCP approval was obtained. However, promoter indulged in entering into Sale Agreements and received advance amount from the allottees on monthly installment basis. Direction to register the real estate project and imposition of penalties by TNRERA is upheld. Appeal dismissed at the admission stage.

1) Vetri Nagar Real Estate India (P) Ltd., and 2) G. Srinivasan, Director, Vetri Nagar Real Estate India (P) Ltd., Vs Vetri Nagar Rich Land (Sulur) Members Welfare Association		 03.11.2023
277 73/2023 Same car parking was allotted to different allottees. Appellant/Promoter admits the mistake committed by their employees. Complaint preferred by one of the allottees. TNRERA imposed penalty of Rs.2,00,000/- against the Promoter. Appeal preferred by the Promoter dismissed.

Akshaya Signature Homes Pvt. Ltd., Vs 1) Gorantla Geosynthetics Pvt. Ltd., 2) S. Seshadri and 3) S. Chandrika		 03.11.2023
278 R.P. No.6/2023 in Appeal No.46/2023 There is no error apparent on the face of the record. Hence, the Review Petition is dismissed.

S. Ganesan and 8 Others Vs 1) Real Value Promoters Pvt. Ltd., and 2) Neelkamal Apartments Buyers Association (NABA)		 03.11.2023
279 S.R. No.1099/2023 While ordering repayment of amount no interest component was awarded by the TNRERA. The Decree Holder is not entitled for any interest as the same was not granted. Even for recovery of the principal amount it is for the TNRERA to issue recovery warrant against the Judgment Debtor. No appeal will lie for awarding interest and issuing recovery warrant.

V. Sangeetha Vs Casa Grand Builder Private Limited		 03.11.2023
280 61/2023 Occupancy certificate was issued by the competent Authority on 14.05.2019, much prior to the filing of the complaint. Hence, the findings of Puducherry RERA in paragraph 10(d) of it’s order that the Appellant promoter had violated Section 11(4)(b) and the directions of the Puducherry RERA in paragraph Nos.11(i), (v) and (vi) are set aside as they serve no purpose. In other respects, the order of the Puducherry RERA remains unaltered.

Shankar Karikar, Proprietor, Cornerstone Builders Vs Victoria Flat Owners' Welfare Association		 08.11.2023
281 M.A. No.91/2023 in Appeal (SR).No.347/2023 Recording the submission made by the learned counsel appearing for the appellants and the respondent, the application is disposed of in terms of the Joint Memorandum of Compromise dated 02/11/2023. Consequently, the appeal in Appeal (SR).No.347 of 2023 stands closed. The Joint Memorandum of Compromise shall form part of the order.

1) Grace Gated Community LLP and 2) Casa Grande Civil Engineering (P) Ltd., Vs K. Sasikala		 08.11.2023
282 M.A. No.92/2023 in Appeal (SR).No.339/2023 Recording the submission made by the learned counsel appearing for the appellants and the respondents, the application is disposed of in terms of the Joint Memorandum of Compromise dated 02/11/2023. Consequently, the appeal in Appeal (SR).No.339 of 2023 stands closed. The Joint Memorandum of Compromise shall form part of the order.

1) Grace Gated Community LLP and 2) Casa Grande Civil Engineering (P) Ltd., Vs 1) S. Revathi and 2) P. Manjunath		 08.11.2023
283 M.A. No.172/2023 in Appeal (SR).No.13/2023 Recording the submission made by the learned counsel appearing for the appellant and the respondents, the application is disposed of in terms of the Joint Compromise Memo dated 02/11/2023. Consequently, the appeal in Appeal (SR).No.13 of 2023 stands closed. The Joint Memorandum of Compromise shall form part of the order.

Casa Grande Engineering Pvt. Ltd., Vs 1) Nivrutha and 2) Arun Raghuveeran		 08.11.2023
284 44/2023 and 45/2023 Land Owner and Developer entered into Joint Development Agreement. Developer constructed his share of villas alone and sold away to third parties on the strength of the Power Deed executed by land owner. Despite 11 years expired the Developer failed to construct the share of villas allotted to the land owners. Developer is liable to pay the entire cost of construction of villas allotted to the land owners along with damages.

R. Mangayarkkarasi (Appeal No.44/2023) and R. Kokilam (Appeal No.45/2023) Vs Shanmugam Foundation (P) Ltd.,		 17.11.2023
285 60/2023 By obtaining approval for a layout project, the Promoter is not entitled to develop a villa project. The contention of the Promoter that he ceased to be the Promoter of the layout project and has been constructing villas in the capacity of builder is rejected.

Colorhome Developers Private Limited Vs Kanchipattinam Villa Owners Association Karai		 17.11.2023
286 60/2022 to 62/2022 Allottees of a real estate project neither come forward to withdraw from the project nor paid the balance sale consideration as per the terms of the Construction Agreement. Except raising invalid queries as to the title of the Promoter no valid reasons were stated for not paying the balance 25% of the total costs. Allottees are liable to pay interest for the delayed payment as per the terms of the Construction Agreement. No direction can be given to the Promoter to receive the balance 25% of the total costs without any interest.

1) Raja Rajangam (Appeal No.60/2022), 2) G. Madhan Mohan (Appeal No.61/2022) and 3) Dilip Gangadharan & K. Kaveri (Appeal No.62/2022) Vs Alliance Villas Pvt. Ltd.,		 22.11.2023
287 16/2022 and 72/2023 Allegation that the land owner executed a Gift Deed in respect of a portion of the land developed. Already a civil suit was filed challenging the execution of the Gift Deed and the same is pending before the Civil Court. Identity and location of the property covered under the Gift Deed is not clear. No direction can be given to cancel the Gift Deed. The parties have to seek their remedies only before the Civil Court where the suit is pending.
Completion certificate issued by the President of the Village Panchayat in his individual capacity is not valid.

Rhythm Residents Flat Owners Welfare Association Vs 1) Yes & Yes Premier Hi-tech Homes India Pvt. Ltd., and 2) A.K. Balasubramanian (Appeal No.16/2022)
1) Yes & Yes Premier Hi-tech Homes India Pvt. Ltd., and 2) A.K. Balasubramanian Vs Rhythm Residents Flat Owners Welfare Association (Appeal No.72/2023)		 22.11.2023
288 41/2023 No agreement was entered into between the parties stipulating any time for delivery of houses. In a self financing scheme, the installments paid by the allottees are used for construction. The Respondent/Allottee having committed default in paying the installments cannot expect completion of construction. Following the Judgment of the Hon’ble Supreme Court in Bangalore Development Authority Vs Syndicate Bank reported in 2007 (6) SCC 711, the appeal is allowed. The order of the learned Adjudicating Officer granting interest by way of compensation is set aside.

Army Welfare Housing Organization (AWHO) Vs Lt. Col. Prem Abilash Chandran		 06.12.2023
289 42/2023 The Appellant impliedly projected themselves as the joint promoter by writing a letter dated 25.07.2009 to the allottee, assuring to deliver the apartment within a particular time. This letter coupled with the fact that the Appellant withdrew several lakhs of rupees from the concerned bank account for construction activities, itself is sufficient to hold that the Appellant is a joint Promoter. Section 2(zk)(v) of the Real Estate (Regulation and Development) Act, 2016, is wide enough to include any person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name within the definition of the term ‘Promoter’. In a dispute like this, the interest of the Allottee is paramount rather than the interest of the Appellant who played the role of a Promoter. Appeal dismissed.

Mint Homes Pvt. Ltd., Vs 1) Kumara Rathinam and 2) Sri Renga Property Developers Pvt. Ltd.,		 06.12.2023
290 74/2023 The learned Single Member, TNRERA found that there was delay in handing over the apartment and observed that the Appellants/Allottees are entitled for interest for the above delay period. But omitted to grant the relief of interest for the delayed period. As per Section 18 of the Real Estate (Regulation and Development) Act, 2016, the Allottees are entitled for interest for the delayed period. The order passed by the learned Single Member, TNRERA is partly modified. The Promoter is directed to pay interest at 9.30% on the amount paid by the Appellants/Allottees from the date of respective payments till date of payment. In other aspects, the order of learned Single Member, TNRERA remains intact.

1) A. Kantharuby and 2) K. Ayyanarappan Vs 1) Sylvanus Builders and Developers Ltd., and 2) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd.,		 06.12.2023
291 75/2023 The Appellant/Complainant neither disputed the allotment of 4 car parking nor disputed the allotment of lumber room. Only the location of the 2 car parking at the lower basement is in dispute. Unless and until, the Appellant/Complainant is able to prove that he had suffered any loss due to the change in location of the car parking, he is not entitled to any compensation or interest.

Gorantla Geosynthetics Private Limited Vs 1) Akshaya Signature Homes Pvt. Ltd., 2) S. Seshadri and 3) S. Chandrika		 06.12.2023
292 26/2023 to 29/2023 The appellant with intention to take over the real estate project from the 2nd respondent/original promoter entered into a Memorandum of Understanding. Following the execution of the Memorandum of Understanding, the appellant renamed the project as “Lancor Aurora” and effected advertisement soliciting purchasers and released brochures about the renamed project. These acts of the appellant are sufficient to hold that the appellant was also a co-promoter within the definition of Section 2(zk)(v) of the Real Estate (Regulation and Development) Act, 2016. Appeals dismissed.

Lancor Holdings Ltd., Vs Suguna Muruganandam (Appeal No.26/2023), R.Kanagalakshmi (Appeal No.27/2023), Guru Ramasamy Gurumoorthy (Appeal No.28/2023), R.Thilagavathy (Appeal No.29/2023)		 20.12.2023
293 51/2023 to 53/2023 The facts that the environmental clearance certificate was not obtained and that certain amenities were not completed as on 22.06.2017, on which date the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 came into force are sufficient to hold that the project was an ongoing project as on 22.06.2017. Hence, the project is liable to be registered with TNRERA. Appeals dismissed.

1) Army Welfare Housing Organization (AWHO) and 2) The Project Director, Army Welfare Housing Organization (AWHO) Vs Colonel C.M.Unnithan (Appeal No.51/2023), Commander N.Koteeswar (Retd.) (Appeal No.52/2023), Capt. Nagarajan Vasudeva Rao (Appeal No.53/2023)		 20.12.2023
294 S.R. No.493/2023 Pre deposit amount as per Section 43(5) not made. Appeal rejected as not maintainable.

1) P. Abhishek and 2) Usha Kumari Vs 1) G. Baskaran, 2) Optima Homes Pvt. Ltd., 3) S. Venkatesan and 4) C. Shanthilal Jain (Died)		 08.01.2024
295 M.A. No.211/2023 in Appeal (SR).No.550/2023 Recording the submissions made by the learned counsel on either side and also taking into consideration the Joint Memorandum of Compromise dated 08.01.2024, the matter is disposed of in terms of the Joint Memorandum of Compromise dated 08.01.2024. The terms of the compromise shall form part of this order. The application in M.A.No.211 of 2023 in A.(SR).No.550 of 2023 and the appeal in A.(SR).No.550 of 2023 are disposed of.

Casa Grande Civil Engineering Private Limited Vs Kiren Khanna		 08.01.2024
296 M.A. No.229/2023 in Appeal (SR).No.237/2023 Recording the submissions made by the learned counsel on either side and also taking into consideration the Joint Memorandum of Compromise dated 08.01.2024, the matter is disposed of in terms of the Joint Memorandum of Compromise dated 08.01.2024. The terms of the compromise shall form part of this order. The application in M.A.No.229 of 2023 in A.(SR).No.237 of 2023 and the appeal in A.(SR).No.237 of 2023 are disposed of.

Casa Grande Civil Engineering Private Limited Vs 1) S. Ganesh and 2) A. Padmini		 08.01.2024
297 M.A. No.230/2023 in Appeal (SR).No.544/2023 Appeal disposed in terms of the Joint Memorandum of Compromise dated 08.01.2024. The terms of the compromise shall form part of the order.

Casa Grande Civil Engineering Private Limited Vs N.K. Uma Maheswari		 24.01.2024
298 2/2024 Agreement for Sale cancelled due to death of the purchaser. The advance amount was refunded to his alleged wife, who was also a joint purchaser and paid a portion of the advance amount. Appellant claims refund of the amount by stating that she is the legally wedded wife of the deceased. The dispute regarding marital relationship cannot be decided by this Tribunal. In as much as the advance amount was refunded to one of the party to the Agreement, the appellant cannot invoke the provisions of the Real Estate (Regulation and Development) Act, 2016.

Elis Francis Vs Adityaram Properties Private Limited		 29.01.2024
299 1/2024 Dismissed as withdrawn.

1) Stepsstone Promoters Pvt. Ltd., and 2) K. Indirani Vs 1) Harisri Flat Owners Welfare Association, Chitlapakkam and 2) P. Maruthambal @ Maruthammal		 02.02.2024
300 4/2024 As per Section 3(2) of the Act, registration is not required if any one of the condition is fulfilled, namely, either the land proposed to be developed should not be more than 500sq.m. or the number of apartments proposed to be developed should not be more than 8.

1) KM. Kodaiarasu and 2) P. Malarvizhi Vs 1) A.C. Raju and 2) C. Prakash Kumar		 02.02.2024
301 6/2024 In as much as the Managing Director of the Promoter Company was made as the Respondent in the Complaint preferred before TNRERA, the other Directors of the Company need not be impleaded as respondents, as they are not proper and necessary parties in so far as the Complaint is concerned.

VME Realty Private Limited Vs 1) VME Lake Side Owners Welfare Association, 2) Stanza Living and 3) M. Kartick		 02.02.2024
302 39/2022 Complaint filed by the allottee for compensation was dismissed by the learned Adjudicating Officer by solely relying upon an unmarked document. Order of dismissal set aside and matter is remitted back to the learned Adjudicating Officer for fresh consideration. Both parties are at liberty to produce relevant documents subject to proof, admissibility and relevancy. Learned Adjudicating Officer shall dispose the complaint afresh, on merits and in accordance with law within a period of 3 months.

1) V.G. Ramakrishnan and 2) Parvathy Ramakrishnan Vs Ozone Projects Private Ltd.,		 09.02.2024
303 7/2024 Upon complaint preferred by 28 allottees, the TNRERA directed the promoter to register the project within a time frame. No appeal has been preferred by the promoter. The promoter also failed to comply with the direction. Later, upon filing Execution Petition by the allottees, the TNRERA imposed a penalty of Rs.15,00,000/- as per Section 59(2) of The Real Estate (Regulation and Development) Act, 2016. Appeal preferred by the promoter against the imposition of penalty in the Execution Proceedings. Not maintainable. Appeal dismissed as devoid of merits.

Puravankara Projects Limited Vs R. Ravichandran and 27 Others		 09.02.2024
304 9/2024 Allottee availed housing loan from Bank, and failed to repay the loan amount to the Bank. The Bank, which granted the loan took possession of the apartment directly from the promoter after issuing notice under Section 13(2) of the SARFAESI Act, to the allottee and after following the legal procedures. The complaint preferred by the allottee seeking possession from the promoter is not maintainable before TNRERA. Allottee has to approach the Debts Recovery Tribunal.

Shymosree Kulothungan Vs 1) Ozone Projects Private Limited and 2) Axis Bank		 09.02.2024
305 3/2024 The appeal is disposed of in terms of the Joint Memorandum of Compromise dated 21.02.2024. The terms of the Joint Memorandum of Compromise shall form part of the order.

1) Evita Constructions Pvt. Ltd., and 2) Lucifer Constructions Pvt. Ltd., Vs 1) A. Kandasamy Pandian and 2) Hiranandani Palace Gardens Pvt. Ltd.,		 21.02.2024
306 8/2024 Land owners and the builder jointly promote a real estate project after naming it as “S dot G Flora” with assured amenities and by effecting wide advertisement. The real estate project is required to be registered as a villa project though the builder had constructed only a single villa out of 21 villa plots in the real estate project.

1) S dot G Housing, Rep. by its Chairman, Sivashanmugam, 2) S dot G Housing, Rep. by its Vice Chairman, I.S.Santhosh and 3) S dot G Housing, Rep. by its Partner, Gowri Vs S. Ashokkumar		 21.02.2024
307 10/2024 Execution Petition filed under Section 40 of the Real Estate (Regulation and Development) Act, 2016 before TNRERA. Despite opportunities given the respondent/promoter failed to co-operate by staying away from the proceedings. Matter reserved for orders. On application to reopen by the promoter the TNRERA without passing any order in the reopen application and without any notice to the petitioner/allottee accepted the compliance report filed by the promoter and closed the execution proceedings behind the back of the petitioner/allottee. Principles of natural justice has been clearly violated. The matter is remitted back to the TNRERA for fresh consideration after giving due notice to both the parties. The TNRERA shall decide the Execution Petition on merits and in accordance with law.

Serene Kshetra Owner's Association (SKOA) Vs Adinath Srinivasa Foundations LLP		 21.02.2024
308 12/2024 Appeal disposed in terms of the Joint Compromise Memo dated 28.02.2024. The parties are entitled to withdraw the amount deposited by the appellant under Section 43(5) of the Act as stated in the Joint Memorandum of Compromise with proportionate interest accrued.

Casa Grande Homes Pvt. Ltd., Vs 1) Roohi Adeni and 2) M. Javid Adeni		 28.02.2024
309 37/2023 Township project spread over 120 acres of land. Around 15 residential towers proposed to be constructed in two phases with common amenities. On facts, the project is still an on-going project. The entire project has to be registered with TNRERA as a single project. Promoter chosen to register few residential towers alone by treating them as a stand-alone project is not proper. As per the Construction Agreement, the promoter is liable to return the 70% of Township Corpus Fund to the Association formed by the allottees of “Amalfi Tower” and the remaining 30% of Corpus Fund shall be handed over to the Federation of Associations or the Apex Association. Having contributed 30% towards Township Corpus Fund, the Amalfi Association is entitled for all the documents pertaining to the entire Township project.

Hiranandani Realtors Private Limited Vs Hiranandani Amalfi Owners Association		 06.03.2024
310 11/2024 Following the ratio laid down by the Hon’ble Supreme Court in the Judgment reported (2021) 18 SCC 1 [Newtech Promoters and Developers Pvt. Ltd. Vs State of U.P. and others], the appeal cannot be entertained without making the pre-deposit under Section 43(5). In the interest of justice one week time granted till 13.03.2024 to make the pre-deposit together with interest at 5.5% per annum. In the event of failure to make the pre-deposit on or before 13.03.2024, the appeal shall stand dismissed automatically without any further reference.

Alliance Projects Vs Palm Flat Owners Welfare Association (POWA)		 06.03.2024
311 13/2024 TNRERA disposed the complaint on the basis of the Joint Memorandum of Compromise duly signed by both parties. No appeal will lie against the order passed on the basis of the Joint Memorandum of Compromise. Appeal dismissed as not maintainable.

1) Syed Kaleemulla and 2) Arifa Khan Vs 1) Lokaa Developer Private Limited, 2) L.K. Sudhish and 3) S. Poomajothi		 20.03.2024
312 37/2023 Corrected copy of the order in A.No.37 of 2023 dated 06.03.2024.

Hiranandani Realtors Private Limited Vs Hiranandani Amalfi Owners Association		 08.04.2024
313 M.A. No.26/2024 in Appeal (SR).No.70/2024 Dispute between the land owner and the Developer/Promoter cannot stand on the way of the execution of the order passed by the TNRERA in favour of the allottees.

G. Nalini and Others Vs P. Soundararajan and Others		 12.04.2024
314 5/2024 The TNRERA which originally directed all the Respondents/Promoters to jointly pay a sum of Rs.40,26,210/- with interest @ 9.30% p.a., cannot alter it’s own directions in the subsequent execution proceedings and relieve the Respondents 2 to 5 from the liability to pay to the Allottee.

G. Baskaran Vs Optima Homes Pvt. Ltd., and Others		 17.04.2024
315 S.R. No.103/2024 Pre deposit amount as per Section 43(5) not made. Appeal rejected as not maintainable.

Jain Housing & Constructions Ltd., Vs Inselli Park Owners Association		 17.04.2024
316 16/2024 When one Allottees’ Association preferred a complaint before TNRERA against the promoter the other Association of the same project cannot be ordered to be impleaded suo motu when there is no specific relief prayed for against the other Association that too when the other Association remain silent without filing any petition to implead them as a party. The order passed by TNRERA suo motu directing the other Association to be impleaded as a party is set aside. Appeal allowed.

Mahindra Lifespace Developers Ltd., Vs Nalam Home Owners Association		 24.04.2024
317 19/2024 The appellant/promoter applied for Completion Certificate on 07.06.2017. Section 3 of the Real Estate (Regulation and Development) Act, 2016 came into force on 01.05.2017. Therefore, Rule 2(h)(ii) of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 will not be applicable. Contentions of the learned counsel for the appellant that the project is exempted from registration as per Rule 2(h)(ii) is rejected. Appeal dismissed.

The Tamil Nadu Housing Board Vs L. Vijaya Bharathi		 26.04.2024
318 S.R. No.149/2024 Following the ratio laid down by the Hon’ble Supreme Court in the Judgment reported (2021) 18 SCC 1 [Newtech Promoters and Developers Pvt. Ltd., Vs State of U.P. and others], the appeal cannot be entertained without making the pre-deposit under Section 43(5). Hence, the appeal is dismissed as not maintainable without making the pre-deposit.

1) Bahri Estates Pvt. Ltd., and 2) Bahri Realty Management Services Pvt. Ltd., Vs Anandam Villa Owners Welfare Society (AVOWS)		 26.04.2024
319 23/2024 Allottees’ Association caused hindrance in providing water and sewerage connections to the Villa purchased by one of its member/allottee. Upon complaint preferred by the affected allottee, the TNRERA, on merits, passed an order directing the appellant Association should not cause any hindrance in providing the water and sewerage connections by the promoter. Challenging the said direction, this Appeal has been preferred by the Allottees’ Association. As water and sewerage amenities are very much essential for living in the villa, the direction given by the TNRERA is upheld. Appeal dismissed.

CDR Satish Chandrasekaran (Retd.), President, Bollineni Hillside Residential Township Owners Association Vs 1) Meena Narayanasamy, 2) K. Narayanasamy and 3) BSCPL Infrastructure Limited		 07.06.2024
Last Updated on 10.06.2024

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