Appeal No. 66 of 2019
Appeal No. 66 of 2019 is an order issued by the Tamil Nadu Real Estate Appellate Tribunal on 2 September 2020 in the dispute between Ozone Projects Private Limited and the purchasers of unit U 1504 in The Metrozone project, Anna Nagar, Chennai. The Tribunal recorded the parties' settlement, allowed the appeal, set aside the Adjudicating Officer's order dated 26 September 2019, and dismissed C.C.P. No. 77 of 2019 as withdrawn.
What the case concerned
Appeal No. 66 of 2019 concerned unit U 1504 in The Metrozone residential project at Anna Nagar, Chennai. Ozone Projects Private Limited and its Managing Director were the appellants. Abhishek Agarwal, Suman Agarwal and Ved Prakash Agarwal, who purchased the unit, were the respondents.
The parties had entered into construction and sale agreements dated 24 October 2010. The agreements provided for possession by November 2012, with a grace period of three months. The purchasers later approached the Tamil Nadu Real Estate Regulatory Authority, Chennai, seeking compensation for delay in handing over possession.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded the compromise after confirming the settlement terms with the parties and their advocates through video conferencing.
The Tribunal ordered that:
- M.A. No. 81 of 2020, the compromise application, was allowed.
- Appeal No. 66 of 2019 was allowed based on the compromise.
- The Adjudicating Officer's order in C.C.P. No. 77 of 2019 dated 26 September 2019 was set aside.
- C.C.P. No. 77 of 2019 was dismissed as withdrawn.
- The Memorandum of Settlement dated 31 August 2020 formed part of the Tribunal's order.
Settlement terms
The Memorandum of Settlement records that:
- Ozone Projects Private Limited had handed over unit U 1504 to the purchasers.
- The compensation claim had been settled to the purchasers' satisfaction.
- The purchasers agreed to withdraw C.C.P. No. 77 of 2019.
- The parties agreed that all disputes and claims relating to their agreements and the order dated 26 September 2019 were resolved.
- Each party agreed to withdraw any other proceedings against the other party and not to start further proceedings concerning the settled disputes.
- Each party relinquished claims against the other party and its officers, employees, directors, representatives and agents.
Who is affected
Appeal No. 66 of 2019 directly resolves the dispute between Ozone Projects Private Limited, its Managing Director and the three named purchasers of unit U 1504. It records a negotiated settlement concerning possession and delay compensation for that particular unit, rather than announcing a general rule for other purchasers or projects.
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Common questions
Did the purchasers receive possession of unit U 1504?
Yes. The settlement records that Ozone Projects Private Limited handed over unit U 1504 in The Metrozone project and that the purchasers received possession.
Was the purchasers' delay compensation claim decided by the Tribunal?
The Tribunal recorded the parties' statement that the compensation claim had been amicably settled to the purchasers' satisfaction.
What happened to C.C.P. No. 77 of 2019?
The Tamil Nadu Real Estate Appellate Tribunal dismissed C.C.P. No. 77 of 2019 as withdrawn after recording the compromise.
Does Appeal No. 66 of 2019 create rights for other buyers in The Metrozone?
The document only records and approves a settlement between the named parties concerning unit U 1504. It does not state that the settlement applies to other buyers or units.
