Common Order, Appeal Nos. 117 to 129 of 2021

What the case covers

The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) considered Appeal Numbers 117 to 129 of 2021 together because M/s. Akshaya Private Limited sought the same relief against the home buyers in all thirteen appeals. The appeals concern the Republic project at Kovur village, Sriperumbudur Taluk, Kanchipuram District, measuring 7 acres and 48.92 cents.

The appeals challenged a common decision of the Tamil Nadu Real Estate Regulatory Authority in thirteen complaints dated 21 January 2021. The Regulatory Authority had directed the promoter to hand over apartments with all amenities before 31 January 2021 and register the project before 28 February 2021.

Who is affected

The Common Order in Appeal Numbers 117 to 129 of 2021 directly concerns:

• M/s. Akshaya Private Limited, the promoter.
• The home buyers named as respondents in the thirteen appeals.
• Buyers in Republic Blocks C, D and E whose possession, common amenities or contractual delay compensation may be in issue.

The case is specific to the Republic project and does not state a general outcome for every real estate project in Tamil Nadu.

Main issues considered

The Tamil Nadu Real Estate Appellate Tribunal identified two questions:

• Whether Republic Blocks C, D and E had to be registered under the Real Estate (Regulation and Development) Act, 2016.
• Whether the promoter's appeals should be allowed.

The promoter argued that structural work had been completed and an application for a completion certificate had been made on 31 May 2017, before the Tamil Nadu rules came into force on 22 June 2017. The promoter also relied on information shown on the Chennai Metropolitan Development Authority website and argued that the project was exempt from registration.

The home buyers argued that common amenities remained incomplete and that the promoter had promised to complete them and hand over possession.

Key provisions and findings in the supplied text

• The listed common amenities included lighting, a club house, indoor games, water and sewage treatment facilities, walkways, a swimming pool, a play area and open car parking allotment.
• The construction agreement provided monthly rental compensation for delayed handover, with different amounts depending on apartment type and subject to stated conditions.
• The Tribunal stated that the agreed delay compensation binds both parties because agreements entered into before commencement of the rules are not affected.
• The supplied text ends while the Tribunal is analysing the registration exemption claim. It does not show whether the appeals were ultimately allowed or dismissed.