Case law, Tamil Nadu land law
Miscellaneous Application No.30/2022 in A.No. 103/2021
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued Miscellaneous Application No. 30 of 2022 in A.No. 103 of 2021 on 7 March 2022, allowing home buyer P. Anandasundaresan to submit an additional email as evidence in his appeal against promoter M/s. Akshaya Private Limited. The Tribunal directed its registry to receive the email and mark it as Exhibit A9, but did not decide the email's validity or whether it disproved the completion certificate.
What the case concerns
Miscellaneous Application No. 30 of 2022 arose from an appeal between home buyer P. Anandasundaresan and promoter M/s. Akshaya Private Limited, represented by its Director, J. Ravi. The home buyer asked the Tamil Nadu Real Estate Appellate Tribunal to receive an additional document under Order 41 Rule 27 CPC.
The home buyer claimed that he had evidence showing that the building had not been completed in 2014. He also alleged that the promoter had filed a false document. The additional evidence was an email sent by the promoter that had not been produced before the Adjudicating Officer.
What the email says
The email was dated 13 November 2017. It stated that the apartment would be ready for handing over by the end of December 2017. It also said that the home buyer would be invited for a final inspection once the apartment was ready, after which the handing over would proceed.
The home buyer relied on the email because, according to him, completion meant handing over the apartment. The promoter admitted that it had issued the email and did not dispute the document. However, the promoter argued that the email alone was not enough to disprove the completion certificate issued by the competent authority.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal limited its decision to whether the email should be received as additional evidence. It did not decide at this stage whether the email was valid proof of the home buyer's claims.
Key directions were:
- Miscellaneous Application No. 30 of 2022 was allowed.
- The registry was directed to receive the additional email.
- The email was to be marked as Exhibit A9.
- The validity and evidentiary value of the email would be analysed after it was received.
- No costs were awarded.
Who is affected
The decision directly concerns P. Anandasundaresan and M/s. Akshaya Private Limited in A.No. 103 of 2021. For other home buyers or promoters, the decision does not determine whether an email overrides or disproves a completion certificate. It records only that the admitted email should be accepted into the appeal record for later consideration.
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Common questions
Did the Tribunal decide that the apartment was incomplete in 2014?
No. The Tamil Nadu Real Estate Appellate Tribunal only allowed the email to be received as additional evidence. Its validity and effect were left to be decided after reception.
What additional document did the home buyer submit?
The document was a promoter email dated 13 November 2017 stating that the apartment would be ready for handing over by the end of December 2017.
Did the promoter dispute sending the email?
No. The promoter admitted issuing the email, but argued that the email alone was insufficient to disprove the completion certificate issued by the competent authority.
Were any costs ordered in Miscellaneous Application No. 30 of 2022?
No. The application was allowed without costs, and the registry was directed to mark the additional document as Exhibit A9.
