Appeal No. 76 of 2020
The Tamil Nadu Real Estate Appellate Tribunal issued its order in Appeal No. 76 of 2020 on 13 September 2021, dismissing the appeal as withdrawn at the appellants’ request. The Tribunal did not decide the disputed maintainability issue because a final order had been passed by the Regulatory Authority and the appellants had filed Appeal No. 86 of 2021 against it.
What the case was about
Appeal No. 76 of 2020 arose from a complaint by an allottee concerning a real estate project. The complaint sought directions requiring the promoter to register the project with the Real Estate Regulatory Authority and to transfer the corpus fund, with interest, to the apartment owners’ association. It also sought a declaration that the promoter had no right to sell common areas.
The Regulatory Authority had held that the complaint was maintainable. Two allottees who had opposed an individual complaint after the owners’ association was formed challenged that finding before the Tamil Nadu Real Estate Appellate Tribunal.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded that the appellants’ counsel requested permission to withdraw Appeal No. 76 of 2020 during arguments held through video conferencing. The request was also sent by email.
The reasons and result recorded by the Tribunal were:
- The Regulatory Authority had already passed a final order in the underlying complaint.
- The appellants had filed Appeal No. 86 of 2021 against that final order.
- The appellants therefore withdrew Appeal No. 76 of 2020.
- Appeal No. 76 of 2020 was dismissed as withdrawn.
- The connected miscellaneous application was closed.
Who is affected
The decision directly concerns Devendra Bhatia and Anjula Bhatia as appellants, along with K. Balasubramaniyan, G.K.S. Technology Park Private Limited, Tulive Viha Apartments Owners Association, M. Suresh Kumar and S. Ganesa Subramanian as respondents.
Property buyers, promoters and apartment owners’ associations should note that the Tamil Nadu Real Estate Appellate Tribunal did not decide whether an individual allottee may maintain such a complaint after an owners’ association has been formed. The appeal challenging the Regulatory Authority’s maintainability finding ended only because it was withdrawn. The source records that the challenge to the final order was pursued separately through Appeal No. 86 of 2021.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide whether the original complaint was maintainable?
No. Appeal No. 76 of 2020 was dismissed as withdrawn, so the Tribunal did not decide the maintainability dispute in this appeal.
Why did the appellants withdraw Appeal No. 76 of 2020?
The Regulatory Authority had passed a final order in the complaint, and the appellants had already filed Appeal No. 86 of 2021 against that final order.
What relief had the allottee requested in the original complaint?
The allottee sought project registration with the Real Estate Regulatory Authority, transfer of the corpus fund with interest to the association, and a declaration that the promoter had no right to sell common areas.
What happened to the connected miscellaneous application?
The Tamil Nadu Real Estate Appellate Tribunal closed the connected miscellaneous application when Appeal No. 76 of 2020 was dismissed as withdrawn.
