Appeal No. 29 of 2021, M/s. Prestige Estate Projects Limited v. Munish Malhotra
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), in Appeal No. 29 of 2021 dated 11 August 2021, permitted M/s. Prestige Estate Projects Limited to withdraw its appeal against Munish Malhotra after the parties recorded a settlement. The appeal was dismissed as withdrawn, and the connected miscellaneous application was closed.
What the case was about
Appeal No. 29 of 2021 arose from a complaint filed by Munish Malhotra against the promoter, M/s. Prestige Estate Projects Limited. The complaint, C.C.P. No. 258 of 2019, sought a refund, interest, compensation and litigation costs.
The Adjudicating Officer allowed the complaint in part on 4 December 2020. M/s. Prestige Estate Projects Limited then appealed to the Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands).
What happened during the appeal
The Tamil Nadu Real Estate Appellate Tribunal took the appeal on file on 22 February 2021. After compliance with Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, the appeal was admitted and notice was issued to the respondent.
After Munish Malhotra appeared through counsel, the parties informed the Tribunal that they had settled the dispute. Their counsel and the parties appeared through video conferencing, and a joint memo recording the settlement was filed.
Key points recorded by the Tribunal were:
- The appellant asked to withdraw the appeal.
- The joint memo was signed for the appellant company by its Head of Business Operations for Tamil Nadu, Mr. C. Nagaraj, although he had not signed the appeal memorandum.
- This difference was brought to the attention of the respondent and his counsel.
- The respondent and his counsel agreed to the compromise and had no objection to withdrawal of the appeal.
- The respondent's counsel also sent an email stating that there was no objection to withdrawal of the appeal and the amount deposited by the appellant.
- The Tribunal recorded both the joint memo and the email.
Result and practical effect
The Tamil Nadu Real Estate Appellate Tribunal permitted M/s. Prestige Estate Projects Limited to withdraw Appeal No. 29 of 2021. The appeal was dismissed as withdrawn, and the connected miscellaneous application was closed.
The decision records a private settlement and withdrawal. It does not set out a determination of the underlying claims for refund, interest, compensation or litigation costs. Its direct effect is on M/s. Prestige Estate Projects Limited and Munish Malhotra in this dispute.
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Common questions
Did the Tribunal decide whether the buyer was entitled to a refund or compensation?
No final decision on those claims is set out in the appellate order. The parties settled, and the promoter withdrew the appeal.
What happened to the Adjudicating Officer's earlier decision?
The source states that the Adjudicating Officer had allowed the complaint in part on 4 December 2020. The appellate order records the settlement and dismisses the promoter's appeal as withdrawn.
Was the respondent told who signed the settlement for the promoter?
Yes. The Tribunal recorded that Mr. C. Nagaraj, the appellant company's Head of Business Operations for Tamil Nadu, signed the joint memo, and that this was brought to the respondent's attention.
What happened to the connected miscellaneous application?
The Tamil Nadu Real Estate Appellate Tribunal closed the connected miscellaneous application.
