Appeal No. 65 of 2021, North Town Estates Private Limited v. Ravi Jaiswal
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) issued the order in Appeal No. 65 of 2021 on 22 July 2021. It records a compromise between North Town Estates Private Limited and Ravi Jaiswal, allows their compromise application and disposes of the promoter's appeal according to that compromise.
What the order does
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) recorded that North Town Estates Private Limited and Ravi Jaiswal had settled their dispute. After confirming the parties' identities and consent through video conference, the Tribunal allowed the compromise application in M.A. No. 100 of 2021 and disposed of Appeal No. 65 of 2021 according to the compromise.
The connected miscellaneous applications were also closed. The source does not reproduce the terms of the compromise, so it does not show the final payment or other obligations accepted by the parties.
Background to the appeal
Ravi Jaiswal had filed C.C.P. No. 161 of 2019 seeking compensation before the Adjudicating Officer. After hearing the dispute, the Adjudicating Officer partly allowed the complaint on 19 February 2021.
The Adjudicating Officer directed the promoter to pay:
- A refund of Rs.41,23,220 with interest at 10.05%.
- Compensation of Rs.2,00,000.
- Litigation costs of Rs.25,000.
North Town Estates Private Limited, acting as the promoter, appealed against that decision. The appeal was taken on file on 16 June 2021. At the first hearing on 5 July 2021, the promoter's counsel informed the Tribunal that the dispute had been settled.
Key provisions
The compromise process recorded by the Tamil Nadu Real Estate Appellate Tribunal included the following:
- Both parties filed M.A. No. 100 of 2021 on 19 July 2021 under Order 23 Rule 3 CPC.
- The parties appeared by video conference and were identified by their respective advocates.
- The parties confirmed that they had read the Memorandum of Compromise.
- Both parties stated that they agreed to it and had signed it willingly.
- The Tribunal recorded the compromise and disposed of the appeal in its terms.
Who is affected
Appeal No. 65 of 2021 directly affects North Town Estates Private Limited and Ravi Jaiswal. Property buyers, promoters and professionals may use it as a record of how this particular settled appeal ended, but the source does not state any general rule for other projects or disputes.
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 Tribunal decide the appeal after a full hearing?
No. At the first hearing, the promoter's advocate reported that the dispute had been settled. The Tamil Nadu Real Estate Appellate Tribunal then disposed of the appeal according to the parties' compromise.
What had the Adjudicating Officer originally awarded Ravi Jaiswal?
The Adjudicating Officer directed the promoter to refund Rs.41,23,220 with interest at 10.05%, together with compensation of Rs.2,00,000 and litigation costs of Rs.25,000.
Does the order disclose the final settlement amount?
No. The order records and accepts the compromise, but the source does not reproduce its terms or state the final amount agreed between the parties.
How did the Tribunal confirm that both parties accepted the compromise?
The parties were identified by their advocates through video conference. They confirmed that they had read the Memorandum of Compromise, agreed to it and signed it willingly.
