Appeal No.1 of 2022
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), acting under the Real Estate (Regulation and Development) Act, 2016, delivered its order in Appeal No.1 of 2022 on 31 July 2023. The Tribunal permitted SP. Arulappaa and G. Premalatha to install a separate CCTV surveillance system at their own cost, provided it does not affect the privacy of other allottees in their residential project.
What the case concerned
Appeal No.1 of 2022 arose from a complaint by SP. Arulappaa and G. Premalatha, who were among six allottees in a standalone residential project promoted by M/s. A.N. Builders at Door No.9, Sixth Cross Street, Lake Area, Nungambakkam, Chennai, 600 034.
The allottees had requested six forms of relief from TNRERA in C.No.131/2020. TNRERA granted three and declined three. The allottees appealed against the refusal of the following requests:
- Relocation of an overhead water tank constructed above the headroom.
- Provision of the IP address and password for the CCTV surveillance system.
- Removal of an extra car park allotted on the driveway.
Scope of the appeal
The appellants gave up their requests concerning the overhead water tank and the extra car park. Their arguments before the Tamil Nadu Real Estate Appellate Tribunal were restricted to access to the CCTV surveillance system.
On 21 April 2023, counsel for M/s. A.N. Builders stated that steps would be taken to provide the IP address and password originally created by the builder. Counsel also stated that, if other residents had changed the password, steps would be taken to obtain and share the current password. The respondent did not participate in the proceedings after that date.
The appellants then asked for permission to install a separate CCTV system if the current password was not provided. They agreed to bear the installation cost.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal permitted SP. Arulappaa and G. Premalatha to install a separate CCTV surveillance system for their own use and at their own cost.
The permission is subject to one express condition:
- The separate CCTV system must be installed without affecting the privacy of the other allottees in the project.
The Tribunal found that a separate system installed on these terms would not prejudice the other allottees. Appeal No.1 of 2022 was disposed of on that basis. The order does not direct the promoter to pay for the separate CCTV system.
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Common questions
Did the Tribunal order the builder to give the allottees the CCTV password?
No such direction appears in the final decision. The Tribunal instead permitted the appellants to install a separate CCTV surveillance system at their own cost.
Can the appellants position the separate CCTV cameras anywhere they choose?
The order requires the separate CCTV system to be installed without affecting the privacy of the other allottees in the project.
Who must pay for the separate CCTV surveillance system?
SP. Arulappaa and G. Premalatha must bear the cost of installing their separate CCTV system.
Did the Tribunal decide the overhead water tank and driveway parking requests?
The appellants gave up those two requests and did not argue them before the Tribunal. The appeal proceeded only on the CCTV issue.
