A.No. 136/2021
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued order number A.No. 136/2021 on 19 January 2022. It dismissed an appeal by M/s. Pacifica (Chennai Project) Infrastructure Company Private Limited and M/s. Pacifica Builders Private Limited because they deposited only 30 per cent of the amount required by the Tribunal, instead of the ordered 100 per cent.
What the case concerns
The Tamil Nadu Real Estate Appellate Tribunal considered an appeal by M/s. Pacifica (Chennai Project) Infrastructure Company Private Limited and M/s. Pacifica Builders Private Limited against A. Jayakumar and J. Mangaiyarkarasi. The appeal challenged the Adjudicating Officer's order in C.C.P. No. 82 of 2020, dated 30 July 2021.
The home buyers had sought a refund of the amount paid, together with interest, compensation and costs. The Adjudicating Officer directed the promoter to:
- Refund Rs.47,91,075.80.
- Pay interest at 10.15 per cent from the dates of the respective payments until repayment.
- Pay Rs.2,00,000 for mental agony and inconvenience.
- Pay Rs.25,000 towards litigation expenses.
Pre-deposit requirement
The promoters filed the appeal with a waiver application in M.A. No. 187 of 2021 under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. The Tamil Nadu Real Estate Appellate Tribunal ordered the appellants to deposit 100 per cent of the total amount awarded by the Adjudicating Officer.
The appellants deposited only 30 per cent on 7 December 2021. They did not deposit the remaining amount by the stated last date of 18 January 2022. When the matter was called through video conferencing on 19 January 2022, the balance remained unpaid.
Tribunal's decision
Order number A.No. 136/2021 records that the appeal could not be entertained because the appellants had not complied with the full pre-deposit direction. The Tamil Nadu Real Estate Appellate Tribunal referred to the Supreme Court judgment dated 11 November 2021 in M/s. Newtech Promoters and Developers Private Limited versus State of Uttar Pradesh and others.
The Tribunal therefore:
- Dismissed the appeal for failure to deposit the entire ordered amount.
- Made no order for costs in the appeal.
- Closed the connected miscellaneous applications.
Who is affected
Order number A.No. 136/2021 directly affects the two promoter companies and the two respondent home buyers named in the case. For other buyers, promoters and property professionals, it records that the Tribunal dismissed this particular promoter appeal when only part of the required pre-deposit had been made.
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Common questions
Did the promoters pay the full pre-deposit required for their appeal?
No. The Tamil Nadu Real Estate Appellate Tribunal required a 100 per cent deposit, but the promoters deposited only 30 per cent on 7 December 2021.
Why was A.No. 136/2021 dismissed?
The appeal was dismissed because the appellants did not deposit the remaining amount required by the Tribunal's pre-deposit direction.
What refund had the Adjudicating Officer awarded to the home buyers?
The Adjudicating Officer ordered a refund of Rs.47,91,075.80 with interest at 10.15 per cent from the dates of the respective payments until repayment. Compensation of Rs.2,00,000 and litigation expenses of Rs.25,000 were also awarded.
Did the Tribunal award costs when dismissing the appeal?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed the appeal for non-compliance, made no order for costs and closed the connected miscellaneous applications.
