Appeal No.29/2022 and M.A.No.79/2022, Order

What the case concerns

The Tamil Nadu Real Estate Appellate Tribunal considered an appeal filed by M/s. Jain Housing & Construction Limited against S. Ravi and R. Sharath Kumar. The developer asked the Tribunal to set aside the TNRERA order dated 27 April 2022 in Complaint No.168 of 2021 and dismiss the complaint.

The dispute concerned Apartment No.FA in the Jains Abhineet residential project at Jaganatha Nagar, Rajamangalam, Villivakkam, Chennai. The compromise deed records a carpet area of 562 square feet, a total area of 931 square feet and a total sale consideration of Rs.54,55,495.

Tribunal decision

The Tamil Nadu Real Estate Appellate Tribunal recorded that both sides had settled the dispute outside court and signed a Joint Memorandum of Compromise dated 21 July 2023. Their respective lawyers also signed and submitted it to the Tribunal.

The Tribunal ordered that:

• Appeal No.29/2022 was disposed of according to the Joint Memorandum of Compromise.
• The Joint Memorandum of Compromise forms part of the Tribunal's order.
• Disposal of the appeal is without prejudice to Section 14(3) of the Real Estate (Regulation and Development) Act, 2016.
• The connected Miscellaneous Application No.79/2022 was closed.
• Counsel for M/s. Jain Housing & Construction Limited undertook to hand over the keys and other documents to counsel for the respondents by 6 p.m. on 22 July 2023.

Main compromise terms

The compromise deed records the following terms between the apartment purchasers and M/s. Jain Housing & Construction Limited:

• The purchasers paid Rs.4,21,822, comprising Rs.2,96,822 and Rs.1,25,000, through two bank instruments dated 18 July 2023.
• The developer completed the works identified by the purchasers.
• The purchasers acknowledged possession of the apartment and completion of the identified works.
• Both sides declared that all disputes, claims and differences concerning the apartment were fully settled.
• Both sides recorded that neither had any pending claim against the other concerning the apartment.

Who is affected

The Tribunal's order directly affects M/s. Jain Housing & Construction Limited, S. Ravi and R. Sharath Kumar in relation to the identified apartment. It records a negotiated settlement of their particular complaint and appeal. Property buyers or professionals examining the apartment should note that the compromise forms part of the Tribunal record and states that the parties have settled all claims concerning the flat.