Appeal No. 70 of 2020, M/s. Phoenix Serene Spaces Pvt. Ltd. v Mrs. Bhuvanadevi Jayakumar
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands), in Appeal No. 70 of 2020 dated 10 February 2021, dismissed an appeal filed by M/s. Phoenix Serene Spaces Pvt. Ltd. against Mrs. Bhuvanadevi Jayakumar. The appeal was dismissed because the developer did not comply with a direction to deposit 50 per cent of the amount ordered by the authority below.
What the case concerns
Appeal No. 70 of 2020 before the Tamil Nadu Real Estate Appellate Tribunal arose from a row house purchase in the project called “The commune in the village”. Mrs. Bhuvanadevi Jayakumar booked row houses from M/s. Phoenix Serene Spaces Pvt. Ltd., formerly known as M/s. Phoenix Hodu Developers Pvt. Ltd.
The sale consideration was Rs.1,20,00,000, of which the buyer paid Rs.1,02,96,028. The agreement was entered into on 4 July 2016 because the buyer was residing in the United Arab Emirates. The developer undertook to complete construction within 18 months, ending in January 2018.
Buyer’s complaint and earlier decision
Mrs. Bhuvanadevi Jayakumar was first informed about delivery of the row houses on 18 February 2019. After inspecting the constructed houses, she reported finding several structural defects. She withdrew from the project and sought a refund through a complaint before the Adjudicating Officer.
The Adjudicating Officer allowed the complaint in part. M/s. Phoenix Serene Spaces Pvt. Ltd. then filed the appeal and a waiver application before the Tamil Nadu Real Estate Appellate Tribunal.
Tribunal’s directions and result
The Tamil Nadu Real Estate Appellate Tribunal recorded the following procedural steps:
- The appeal was taken on file on 9 November 2020.
- The waiver application in M.A. No. 134 of 2020 was heard through video conferencing on 11 January 2021.
- The developer was directed to deposit 50 per cent of the total amount ordered by the authority below on or before 9 February 2021.
- The tribunal stated that failure to make the deposit would result in automatic dismissal of the appeal.
- On 10 February 2021, the developer’s counsel confirmed that the conditional deposit direction had not been complied with.
The tribunal therefore dismissed Appeal No. 70 of 2020 for non-compliance and closed the connected miscellaneous applications.
Who is affected
Appeal No. 70 of 2020 directly affects M/s. Phoenix Serene Spaces Pvt. Ltd. and Mrs. Bhuvanadevi Jayakumar. It records that the developer’s challenge to the Adjudicating Officer’s partly allowed complaint was dismissed because the required deposit was not made.
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
Why was the developer’s appeal dismissed?
The Tamil Nadu Real Estate Appellate Tribunal dismissed the appeal because the developer did not deposit 50 per cent of the amount ordered by the authority below within the time given.
How much had the buyer paid for the row houses?
The recorded sale consideration was Rs.1,20,00,000, and the buyer had paid Rs.1,02,96,028.
Why did the buyer seek a refund?
The buyer inspected the constructed row houses, reported finding several structural defects, withdrew from the project and filed a refund complaint before the Adjudicating Officer.
What happened to the connected miscellaneous applications?
The Tamil Nadu Real Estate Appellate Tribunal closed the connected miscellaneous applications when it dismissed the appeal for non-compliance.
