Appeal No. 76 of 2021, Order dated 22.12.2021
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued the order in Appeal No. 76 of 2021 on 22 December 2021, considering a promoter’s challenge to directions requiring covered parking for two flats and imposing a penalty. The supplied text sets out the dispute and the parties’ arguments, but does not include the Tribunal’s final decision.
What the appeal concerns
Appeal No. 76 of 2021 concerns two flats, D416 and D417, in the Casagrande Bellissimo residential project at Pazhavanthangal village, formerly Adambakkam village, Alandur Taluk, Kanchipuram District. M/s. Casa Grande Engineering Private Limited brought the appeal against home buyers Mrs. Nivrutha and Mr. Arun Raghuveeran.
The home buyers complained that the promoter had not delivered the flats as promised and sought possession with all amenities and facilities. They also sought one covered car park for each flat.
Regulatory Authority directions under challenge
The Regulatory Authority’s order in C.No.100 of 2020, dated 10 June 2021, directed the promoter to:
- Provide one covered car park for each of the two flats, in line with the Chennai Metropolitan Development Authority approval and project registration.
- File a compliance report before 30 June 2021.
- Pay a penalty of Rs.10 lakhs before 30 June 2021.
The home buyers were directed to repay the discount given by the promoter when taking possession of the two covered car parks.
Parking records and disputed changes
The record described in Appeal No. 76 of 2021 includes:
- An allotment letter dated 29 June 2017 providing one covered car park for each flat.
- Project registration dated 23 August 2017 recording one covered car park for each flat.
- Emails dated 30 March 2018 and 4 April 2018 proposing one covered car park and one open car park for the two flats.
- A registered construction agreement dated 15 April 2019 mentioning an open car park for each flat.
The source refers to an earlier construction agreement using two different dates, 29 August 2017 and 25 September 2017. Both references describe one covered car park for each flat.
Positions of the parties
The promoter argued that the home buyers accepted the revised parking arrangement and a discount of Rs.1.50 lakhs after a shortfall in covered parking was identified. It contended that there was no suppression or misrepresentation and that no covered parking remained available for allotment.
The home buyers argued that their consent to reduced parking rights was obtained fraudulently. They expressed willingness to repay the reduction amount and alleged that the promoter suppressed the original construction agreement.
The supplied extract says the appeal was limited to parking allotment and the penalty. It ends before recording whether the appeal was allowed or dismissed.
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Common questions
Did the Tribunal finally order the promoter to provide covered parking?
The supplied text does not include the Tribunal’s final decision. It records that the Regulatory Authority had directed the promoter to provide one covered car park for each flat.
What parking was originally promised for flats D416 and D417?
The allotment letter and project registration recorded one covered car park for each flat. Later emails proposed one covered car park and one open car park across the two flats.
Why did the promoter say the parking arrangement changed?
The promoter said it discovered a shortfall of 47 covered car parks after receiving approvals. It claimed the home buyers accepted the modified parking arrangement and a discount of Rs.1.50 lakhs.
Does this case directly affect buyers in other projects?
The appeal directly concerns the promoter and the two named home buyers in Casagrande Bellissimo. The supplied text does not state that its outcome applies generally to other projects.
