Case law, Tamil Nadu land law
Common Order in M.A. Nos. 183 and 194 of 2021
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued the Common Order in M.A. Nos. 183 and 194 of 2021 in Appeal No. 58 of 2021 on 10 January 2022. It dismissed applications by home buyers and the promoter to submit additional evidence about whether rain caused delay in completing the project, finding that the documents were unnecessary for deciding the pending request for enhanced compensation.
What the case concerns
The Common Order in M.A. Nos. 183 and 194 of 2021 arose from a complaint by home buyers against a promoter. The home buyers sought compensation of Rupees One crore before the Adjudicating Officer. After hearing the dispute, the Adjudicating Officer allowed the complaint in part, and the home buyers appealed to the Tamil Nadu Real Estate Appellate Tribunal seeking enhanced compensation.
The applicants and appellants were D.K. Bhagavathi Nath, B. Rajalakshmi and T.S. Manohar. The respondent was M/s. BBCL Shrishti Homes LLP, represented by its designated partner, Vummidi Ananth.
What the applications requested
M.A. Nos. 183 and 194 of 2021 were applications by the promoter and the home buyers for reception of additional evidence under Order 41 Rule 27 CPC. The proposed evidence was intended to prove or disprove whether rain caused delay in completing the project.
Key points recorded by the Tamil Nadu Real Estate Appellate Tribunal were:
- Both the home buyers and the promoter denied the allegations made against them.
- Both sides wanted to place additional evidence before the Tribunal concerning delay attributed to rain.
- The pending appeal concerned enhancement of compensation awarded to the home buyers.
- The Tribunal found that the applications and supporting documents were not necessary to decide whether compensation should be enhanced.
Decision and practical effect
The Tamil Nadu Real Estate Appellate Tribunal dismissed both M.A. No. 183 of 2021 and M.A. No. 194 of 2021. It made no order as to costs.
The Common Order in M.A. Nos. 183 and 194 of 2021 resolves only the requests to receive additional evidence. The source describes Appeal No. 58 of 2021 as pending and does not record a final decision on the home buyers' request for enhanced compensation.
The decision directly affects the named home buyers and M/s. BBCL Shrishti Homes LLP. For anyone reviewing the dispute, the important point is that the Tribunal did not accept the additional documents concerning rain related delay for deciding the compensation enhancement appeal.
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 home buyers receive Rupees One crore as compensation?
The source does not say that they received Rupees One crore. It says they claimed that amount and the Adjudicating Officer allowed their complaint only in part.
Why did the Tribunal reject the additional evidence?
The Tamil Nadu Real Estate Appellate Tribunal found that the evidence about rain related delay was unnecessary for deciding the pending appeal for enhancement of compensation.
Was Appeal No. 58 of 2021 dismissed?
No dismissal of the appeal is recorded in the source. Only M.A. Nos. 183 and 194 of 2021 were dismissed, while the appeal was described as pending.
Did either side have to pay costs for these applications?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed both applications with no costs.
