Appeal No.59 of 2019
The Tamil Nadu Real Estate Appellate Tribunal issued its order in Appeal No.59 of 2019 on 21 November 2019, recording a settlement between M/s. Green Avenue Homes and Gardens and the home buyer, Mrs. P. Rani Vellammal. After the promoter handed over the villa keys and signed possession documents in open court, the Tribunal disposed of and closed the appeal, while leaving the marketing agent's separate appeal pending.
What the appeal concerned
Appeal No.59 of 2019 arose from a delayed villa project. The home buyer had entered into a sale cum construction agreement with M/s. Green Avenue Homes and Gardens on 22 March 2012. The agreed sale price was Rs.62,22,500, and the house was to be delivered within 15 months, with a grace period of 3 months from registration.
The buyer had paid the sale amount except for Rs.6,41,448. The promoter did not complete construction or hand over possession, leading the buyer to file a complaint before the Real Estate Regulatory Authority.
Earlier directions and compromise
The proceedings involved the following developments:
- The buyer and promoter entered into a compromise on 15 March 2019.
- The promoter agreed to complete the remaining villa works within 120 days and hand over the villa after receiving Rs.6,41,448.
- The promoter also agreed to complete listed common amenities within 6 months from handing over the villa.
- After the promoter failed to comply, the Real Estate Regulatory Authority directed completion and handover by 15 July 2019.
- The Real Estate Regulatory Authority also imposed a penalty of Rs.1,00,000 on Bennett Property Holdings Company Limited, the marketing agent.
The promoter filed Appeal No.59 of 2019. The marketing agent separately filed Appeal No.57 of 2019 against the penalty.
Handover recorded by the Tribunal
The Tamil Nadu Real Estate Appellate Tribunal recorded that the promoter undertook to complete pending work before 15 November 2019. After the buyer was given an opportunity to verify the work, the promoter produced the following signed documents in court on 21 November 2019:
- Possession certificate.
- No due certificate.
- Key certificate.
- Receipt for payment of service tax.
- Receipt for payment of balance property dues.
The buyer accepted the villa keys in open court and stated that the promoter had complied with the Regulatory Authority's direction.
Effect on the parties
Appeal No.59 of 2019 was disposed of and closed after the settlement and handover were recorded. No relief was claimed against the marketing agent in this appeal. The marketing agent's challenge to the penalty remained part of separate Appeal No.57 of 2019, which was to be heard separately.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did the home buyer receive possession of the villa?
Yes. The buyer accepted the villa keys in open court on 21 November 2019 after verifying the work and signing the possession-related documents.
Was Appeal No.59 of 2019 finally closed?
Yes. The Tamil Nadu Real Estate Appellate Tribunal recorded the settlement between the promoter and the buyer, then disposed of and closed Appeal No.59 of 2019.
Did the Tribunal decide the marketing agent's penalty appeal?
No. Bennett Property Holdings Company Limited had filed separate Appeal No.57 of 2019 concerning the penalty, and that appeal remained pending for a separate hearing.
What documents were signed when the keys were handed over?
The promoter and buyer signed a possession certificate, no due certificate, key certificate, receipt for payment of service tax, and receipt for payment of balance property dues.
