Common Order, Appeal Nos. 9 and 10 of 2021
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands), acting under the Real Estate (Regulation and Development) Act, 2016, issued the common order in Appeal Nos. 9 and 10 of 2021 on 2 November 2021. The Tribunal recorded a compromise between M/s. Akshaya Pvt. Ltd. and K. Deepa after the amount claimed by the purchaser had been paid, disposed of both appeals according to the compromise memorandum, and closed the connected applications without costs.
What the proceedings cover
The common order in Appeal Nos. 9 and 10 of 2021 concerns a refund dispute between promoter M/s. Akshaya Pvt. Ltd. and purchaser K. Deepa. The appeals challenged an Adjudicating Officer's refund decision and a later recovery warrant issued to enforce that decision.
The appeals were taken on file on 3 February 2021. The parties then negotiated a settlement and filed common compromise applications in M.A. Nos. 152 and 153 of 2021, together with a joint memorandum of compromise.
Decisions challenged in the appeals
The Adjudicating Officer had partly allowed the purchaser's complaint in C.C.P. No. 59 of 2019 on 17 September 2019. The promoter was directed to:
- Refund Rs.28,33,440.
- Pay interest at 10.15% per annum.
- Pay compensation at 9% per annum on Rs.28,33,440 towards mental agony.
- Pay Rs.25,000 as litigation costs.
M/s. Akshaya Pvt. Ltd. challenged that decision through Appeal No. 10 of 2021.
K. Deepa also filed Execution Petition No. 107 of 2019 seeking a recovery warrant under Section 40, clause 1 of the Real Estate (Regulation and Development) Act, 2016. The Adjudicating Officer issued the recovery warrant on 10 March 2020. M/s. Akshaya Pvt. Ltd. challenged the warrant through Appeal No. 9 of 2021.
Settlement and final outcome
The Tamil Nadu Real Estate Appellate Tribunal verified the compromise application, the parties and their advocates through video conferencing. The respondent's counsel separately confirmed by email that there was no objection to recording the compromise.
The Tribunal recorded that the full amount claimed by the purchaser had been paid. It therefore:
- Allowed M.A. Nos. 152 and 153 of 2021.
- Disposed of Appeal Nos. 9 and 10 of 2021 according to the joint compromise memorandum.
- Closed the connected miscellaneous applications.
- Ordered no costs in the appeals.
Relevance to property buyers and promoters
The common order records the settlement of a specific purchaser and promoter dispute. It is useful as a procedural reference showing that refund and recovery warrant appeals before the Tribunal may be concluded through a jointly filed compromise after verification. The detailed settlement terms are not reproduced in the text, apart from the Tribunal's statement that the full amount claimed by the purchaser had been paid.
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Common questions
What did the Tamil Nadu Real Estate Appellate Tribunal finally decide?
The Tribunal allowed the two compromise applications and disposed of Appeal Nos. 9 and 10 of 2021 according to the joint compromise memorandum. The connected miscellaneous applications were closed, with no costs.
How much had the Adjudicating Officer directed the promoter to refund?
The Adjudicating Officer directed a refund of Rs.28,33,440 with interest at 10.15% per annum. Compensation at 9% per annum on that amount and litigation costs of Rs.25,000 were also awarded.
Why were there two appeals involving the same parties?
Appeal No. 10 of 2021 challenged the refund, interest, compensation and litigation cost decision. Appeal No. 9 of 2021 challenged the recovery warrant issued during enforcement proceedings.
Does the common order reproduce the settlement terms?
No. The text records that a joint memorandum of compromise was filed and that the full amount claimed by the purchaser had been paid, but it does not reproduce the detailed settlement terms.
