Appeal No. 14 of 2020, Hazel Realty Pvt Ltd v. Mr. M. Kumara Kannan
The Tamil Nadu Real Estate Appellate Tribunal issued its order in Appeal No. 14 of 2020 on 27 January 2021, permitting Hazel Realty Pvt Ltd to withdraw its appeal against Mr. M. Kumara Kannan. The appeal was dismissed as withdrawn without costs, and the connected miscellaneous applications were closed.
What the case concerned
Appeal No. 14 of 2020 before the Tamil Nadu Real Estate Appellate Tribunal concerned a flat booked by Mr. M. Kumara Kannan in the VGN Hazel project of Hazel Realty Pvt Ltd, formerly VGN Praganya Realty Pvt Ltd.
The order records that:
- The respondent had paid more than 90 per cent of the sale consideration.
- Delivery of the flat had not taken place as promised.
- The respondent filed a complaint seeking compensation, other charges and costs.
- After hearing the complaint, the Adjudicating Officer allowed it in part with costs.
- Hazel Realty Pvt Ltd filed the appeal because it was aggrieved by that decision.
- The appeal was taken up after compliance with an order under Section 43(5) of the Real Estate Regulation And Development Act 2016.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded that counsel for Hazel Realty Pvt Ltd requested permission to withdraw Appeal No. 14 of 2020. Mr. M. Kumara Kannan appeared in person, sent an email confirming that he had no objection, and consented to the withdrawal.
The Tribunal therefore directed that:
- Hazel Realty Pvt Ltd was permitted to withdraw the appeal.
- Appeal No. 14 of 2020 was dismissed as withdrawn.
- No costs were awarded in the appeal.
- The connected miscellaneous applications were closed.
The final direction records a procedural withdrawal and does not set out an appellate ruling on the merits of the buyer's complaint or the reasons given for the project delay.
Who is affected
Appeal No. 14 of 2020 directly concerns Hazel Realty Pvt Ltd and Mr. M. Kumara Kannan. It records how their appellate proceeding ended after both sides agreed to withdrawal.
For other flat buyers, owners and property professionals, the document provides a reference showing that an appeal before the Tamil Nadu Real Estate Appellate Tribunal may be dismissed as withdrawn when the appellant requests withdrawal and the respondent has no objection. The document does not state any general compensation rate, refund amount, fee or deadline for other projects or buyers.
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 Tamil Nadu Real Estate Appellate Tribunal decide whether the project delay was justified?
No. Appeal No. 14 of 2020 was dismissed as withdrawn, and the final direction does not decide the merits of the stated reasons for delay.
Did the flat buyer object to the developer withdrawing the appeal?
No. Mr. M. Kumara Kannan appeared in person and sent an email stating that he had no objection to the withdrawal.
Were costs awarded when the appeal was withdrawn?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed the appeal as withdrawn with no costs.
What happened to the connected miscellaneous applications?
The connected miscellaneous applications were closed.
