Appeal No. 75 of 2020, M/s. Hazel Realty Pvt. Ltd v. Mr. R. Lakshmi Prasanna
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry and the Andaman and Nicobar Islands, issued the order in Appeal No. 75 of 2020 on 1 March 2021. It dismissed as withdrawn an appeal by M/s. Hazel Realty Private Limited against compensation awarded to a flat purchaser for delayed delivery, recorded that the purchaser had no objection to withdrawal, imposed no costs and closed the connected miscellaneous applications.
What the case concerns
Appeal No. 75 of 2020 arose from a dispute between M/s. Hazel Realty Private Limited, formerly VGN Pragnya Realty Private Limited, and flat purchaser R. Lakshmi Prasanna. The appeal challenged a common order of the Adjudicating Officer in four complaints filed by purchasers who alleged that the developer failed to deliver their flats as agreed.
The Adjudicating Officer had partly allowed the complaints. The developer was directed to pay the home buyer:
- Rs. 1 lakh as compensation for mental agony.
- Rs. 20,000 towards litigation expenses.
The source states that the purchasers had also sought compensation for delay and other charges with costs, but it does not provide the full terms of the Adjudicating Officer's common order.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal took Appeal No. 75 of 2020 on file on 20 November 2020. On 1 March 2021, counsel for both parties appeared through video conferencing.
The developer's counsel emailed the Tribunal seeking to withdraw the appeal and confirmed the withdrawal during the video conference. Counsel for R. Lakshmi Prasanna also emailed and stated that there was no objection to the withdrawal.
The Tribunal consequently ordered that:
- The appeal was dismissed as withdrawn.
- No costs were awarded in the appeal.
- The connected miscellaneous applications were closed.
The Tribunal did not make a fresh decision on the amount of compensation or the underlying allegations about delayed delivery.
Who is affected
Appeal No. 75 of 2020 directly concerns M/s. Hazel Realty Private Limited and R. Lakshmi Prasanna. The background also refers to three other purchasers and a common order covering four complaints, numbered C.C.P. Nos. 180, 181, 182 and 183 of 2019.
For buyers or professionals reviewing this case, the key point is procedural. The developer chose not to continue its appellate challenge, the purchaser did not oppose withdrawal, and the Tribunal disposed of the appeal without costs.
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 Tribunal decide whether the developer was responsible for the delay?
No fresh decision on responsibility was made. The Tamil Nadu Real Estate Appellate Tribunal dismissed Appeal No. 75 of 2020 because the developer withdrew it.
What compensation had the Adjudicating Officer awarded?
The order records Rs. 1 lakh for mental agony and Rs. 20,000 towards litigation expenses.
Did the flat purchaser object to withdrawal of the appeal?
No. Counsel for R. Lakshmi Prasanna emailed the Tribunal stating that there was no objection to withdrawal.
Did the Tribunal order either party to pay appeal costs?
No. The appeal was dismissed as withdrawn with no costs, and the connected miscellaneous applications were closed.
