Appeal No. 62 of 2020
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry and the Andaman and Nicobar Islands, issued its order in Appeal No. 62 of 2020 on 6 January 2021. The Tribunal allowed Phoenix Serene Spaces Private Limited to withdraw its appeal after the promoter and purchasers reported an out of court settlement, dismissed the appeal as withdrawn without costs, and closed the connected miscellaneous applications.
What the case concerned
Appeal No. 62 of 2020 before the Tamil Nadu Real Estate Appellate Tribunal arose from a dispute between Phoenix Serene Spaces Private Limited, formerly known as Phoenix Hodu Developers Private Limited, and purchasers Mr. Karthisanker K.M. and Mrs. Nirmala G.
The purchasers had booked a flat from the promoter for Rs.51,87,969 and had paid Rs.48,94,038. According to the Tribunal's account, the promoter did not deliver the flat within the stipulated time. The purchasers therefore complained to the Adjudicating Officer, seeking refund of the advance with interest, compensation and litigation costs.
Earlier decision under appeal
The Adjudicating Officer allowed the purchasers' complaint in C.C.P. No. 095 of 2019 by an order dated 24 June 2019. The decision directed the promoter to:
- Refund the advance amount with interest at 8.70 + 2% per annum.
- Pay compensation at 9% on Rs.48,94,038.
- Pay litigation expenses of Rs.20,000.
Phoenix Serene Spaces Private Limited challenged that decision before the Tamil Nadu Real Estate Appellate Tribunal and also filed a waiver application.
What the Tribunal decided
During the hearing of the waiver application, both sides sought time to settle the dispute outside court. On 6 January 2021, counsel for both sides appeared through video conferencing and informed the Tamil Nadu Real Estate Appellate Tribunal that a settlement had been reached out of court.
The key outcomes were:
- The promoter asked to withdraw Appeal No. 62 of 2020.
- The purchasers did not object to the withdrawal.
- Emails from both sides reporting the settlement were recorded.
- The promoter's counsel also endorsed the withdrawal on the appeal memorandum.
- The Tribunal permitted withdrawal and dismissed the appeal as withdrawn.
- The Tribunal made no order for costs.
- All connected miscellaneous applications were closed.
Who is affected
Appeal No. 62 of 2020 directly concerns the named promoter and purchasers. For property buyers and promoters, it also illustrates that an appeal may be withdrawn when both parties report an out of court settlement and the opposing party has no objection.
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Common questions
Did the Tribunal decide whether the purchasers were entitled to the refund and compensation?
No fresh decision on those claims is recorded. The Tamil Nadu Real Estate Appellate Tribunal dismissed the promoter's appeal as withdrawn after both sides reported an out of court settlement.
Why was Appeal No. 62 of 2020 withdrawn?
Both parties informed the Tribunal that they had settled the matter out of court. The promoter requested withdrawal, and the purchasers had no objection.
Did the Tribunal award costs when dismissing the appeal?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed the appeal as withdrawn with no costs.
What happened to the connected miscellaneous applications?
The Tamil Nadu Real Estate Appellate Tribunal closed the connected miscellaneous applications when it dismissed the appeal as withdrawn.
