Case law, Tamil Nadu land law
A.No. 137/2021, M/s. Pacifica Companies versus R. Nirmala and K. N. Sony
The Tamil Nadu Real Estate Appellate Tribunal, in A.No. 137/2021 dated 19 January 2022, dismissed an appeal by M/s. Pacifica (Chennai Project) Infrastructure Company Private Limited and M/s. Pacifica Builders Private Limited because they did not deposit the full amount required for the appeal. The dismissal left the Adjudicating Officer's direction to refund the home buyer Rs.45,31,459.62 with interest, compensation and litigation expenses unaltered.
What the case concerns
The Tamil Nadu Real Estate Appellate Tribunal considered an appeal filed by M/s. Pacifica (Chennai Project) Infrastructure Company Private Limited and M/s. Pacifica Builders Private Limited against R. Nirmala and K. N. Sony. The appeal challenged the Adjudicating Officer's order in C.C.P.No.98/2020 dated 30 July 2021.
The underlying complaint was filed by a home buyer seeking a refund from the promoter, together with interest, compensation and costs. The Adjudicating Officer granted that claim.
Amounts awarded to the home buyer
The Adjudicating Officer directed the promoter to provide:
- A refund of Rs.45,31,459.62.
- Interest at 10.15% from the dates of the respective payments until repayment.
- Rs.2,00,000 for mental agony and inconvenience.
- Rs.25,000 for litigation expenses.
The promoters appealed against these directions and also filed M.A.No.188/2021 seeking waiver under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.
Why the appeal was dismissed
The Tamil Nadu Real Estate Appellate Tribunal required the appellants to deposit 100% of the total amount awarded by the Adjudicating Officer. The appellants deposited only 30% on 7 December 2021 and did not deposit the balance by the last date, 18 January 2022.
When the matter was heard through video conferencing on 19 January 2022, the appellants' counsel confirmed that the remaining amount had not been deposited. The Tribunal therefore held that the appeal could not be entertained and dismissed it for non-compliance with the deposit requirement. No costs were awarded, and the connected miscellaneous applications were closed.
Who may be affected
A home buyer or promoter involved in an appeal before the Tamil Nadu Real Estate Appellate Tribunal may find the decision relevant to compliance with a pre-deposit direction. A promoter who fails to deposit the full amount directed by the Tribunal may have the appeal dismissed without examination of the underlying challenge.
The decision directly concerns only the named appellants and respondents. It does not change land classification, planning permission, ownership records or registration requirements.
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Common questions
Did the promoters succeed in challenging the refund order?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed A.No. 137/2021 because the promoters did not deposit the full amount required.
How much refund did the Adjudicating Officer award?
The Adjudicating Officer awarded Rs.45,31,459.62 with interest at 10.15% from the dates of the respective payments until repayment.
Did the promoters make any part of the required deposit?
Yes. They deposited 30% on 7 December 2021, but did not deposit the remaining amount.
Did the Tribunal award costs when dismissing the appeal?
No. The appeal was dismissed for non-compliance without costs, and the connected miscellaneous applications were closed.
