Case law, Tamil Nadu land law
Common Order, Appeal Nos. 72 to 74 of 2020
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), through its common order in Appeal Nos. 72 to 74 of 2020 dated 18 January 2021, permitted M/s. Hazel Realty Private Limited, formerly VGN Praganya Realty Private Limited, to withdraw three appeals concerning the VGN Hazel project. The Tribunal dismissed the appeals as withdrawn, imposed no costs and closed the connected miscellaneous applications.
What the common order does
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) issued the common order in Appeal Nos. 72 to 74 of 2020 on 18 January 2021. M/s. Hazel Realty Private Limited, formerly VGN Praganya Realty Private Limited, had filed the appeals against three flat buyers, Mr. J. Vinaikumar, Dr. C. Viswanathan and Mr. D. Rajasekar.
During the hearing by video conference, counsel for the appellant requested permission by email to withdraw all three appeals. Counsel for the respondents also sent an email stating that they had no objection. The Tribunal therefore:
- Permitted all three appeals to be withdrawn.
- Dismissed Appeal Nos. 72 to 74 of 2020 as withdrawn.
- Ordered that there would be no costs.
- Closed the connected miscellaneous applications.
Background to the disputes
The proceedings concerned flats booked by the respondents in the VGN Hazel project. According to the common order, the respondents had paid more than 90 per cent of the sale consideration, but the flats were not delivered as promised.
The respondents filed complaints seeking compensation, other charges and costs. After hearing the contested complaints, the Adjudicating Officer allowed them in part and awarded costs. M/s. Hazel Realty Private Limited then filed the three appeals before the Tamil Nadu Real Estate Appellate Tribunal. The appeals were taken up for hearing after compliance with the order under Section 43(5) of the Real Estate Regulation and Development Act 2016.
Who is affected
The common order directly concerns M/s. Hazel Realty Private Limited and the three named respondents who booked flats in the VGN Hazel project. It records only the withdrawal and dismissal of the developer's appeals. It does not provide the amounts of compensation, other charges or costs allowed by the Adjudicating Officer.
For buyers or professionals reviewing the VGN Hazel disputes, the key result is that the Tribunal did not continue with the three appeals because the appellant withdrew them with no objection from the respondents' counsel.
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Common questions
Which housing project was involved in these appeals?
The appeals concerned flats booked in the VGN Hazel project.
Why did the Tamil Nadu Real Estate Appellate Tribunal dismiss the appeals?
Counsel for M/s. Hazel Realty Private Limited requested permission to withdraw all three appeals. The respondents' counsel had no objection, so the Tribunal dismissed the appeals as withdrawn.
Did the Tribunal award costs when the appeals were withdrawn?
No. The common order states that there would be no costs.
Does the common order state how much compensation the flat buyers received?
No. It says that the Adjudicating Officer allowed the complaints in part with costs, but it does not state the compensation or other amounts.
