Appeal No.36 of 2022
The Tamil Nadu Real Estate Appellate Tribunal, Chennai, issued its order in Appeal No.36 of 2022 on 19 September 2022, dismissing Abhishek Modi's appeal as withdrawn. Subject to the law of limitation, the Tribunal allowed him to file a fresh appeal against the Tamil Nadu Real Estate Regulatory Authority order in C.No.143 of 2017 dated 19 December 2019, if necessary.
What the appeal concerned
Appeal No.36 of 2022 was filed by Abhishek Modi against the Tamil Nadu Real Estate Regulatory Authority order dated 10 June 2022 in E.P.No.10 of 2021. The respondents were M/s. Influence Infrastructure, M/s. Influence Enterprises (India) Private Limited, Naresh Kumar Jain and Varsha Jain.
The appellant had originally sought a refund of an advance amount of Rs.1,83,72,550 with interest. The Tamil Nadu Real Estate Regulatory Authority also directed the respondents to register the project. After they failed to register it within the allowed time, the Authority imposed a penalty of Rs.10,00,000 through its final order in C.No.143 of 2017 dated 19 December 2019 and allowed 30 days for payment.
Recovery and execution proceedings
The Tamil Nadu Real Estate Regulatory Authority issued a recovery order on 24 September 2020 after the respondents failed to pay the penalty. The District Collector, Chennai, was directed to recover the amount as arrears of land revenue under Section 40 of the Real Estate (Regulation and Development) Act, 2016.
While recovery proceedings were pending, the complainant filed E.P.No.10 of 2021 seeking:
- A higher penalty equal to 10 per cent of the total construction cost.
- A recommendation for criminal prosecution before the appropriate Metropolitan Magistrate of First Class under Section 59(2) of the Real Estate (Regulation and Development) Act, 2016.
The Authority disposed of that execution petition on 10 June 2022 because a recovery order had already been sent to the District Collector, Chennai, and it considered that no further directions were required.
Tribunal decision and practical effect
At the admission hearing on 19 September 2022, counsel for Abhishek Modi asked to withdraw Appeal No.36 of 2022, with permission to file a fresh appeal against the final order dated 19 December 2019 if necessary.
The Tamil Nadu Real Estate Appellate Tribunal, Chennai:
- Dismissed Appeal No.36 of 2022 as withdrawn.
- Allowed the appellant, subject to the law of limitation, to file a fresh appeal against the order in C.No.143 of 2017 dated 19 December 2019.
- Closed any connected miscellaneous applications that were pending.
The decision does not establish a general rule for property buyers or alter land ownership. It resolves the withdrawal of this particular appeal concerning regulatory penalty and recovery proceedings.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did the Tribunal increase the penalty against the respondents?
No. Appeal No.36 of 2022 was dismissed as withdrawn, and the Tribunal did not grant the request for a higher penalty.
What penalty had the Tamil Nadu Real Estate Regulatory Authority imposed?
The Tamil Nadu Real Estate Regulatory Authority imposed a penalty of Rs.10,00,000 in C.No.143 of 2017 dated 19 December 2019 and allowed 30 days for payment.
Was the appellant allowed to file another appeal?
Yes. Subject to the law of limitation, Abhishek Modi was given liberty to file a fresh appeal against the order in C.No.143 of 2017 dated 19 December 2019, if necessary.
Was recovery of the penalty sent to the District Collector?
Yes. On 24 September 2020, the Tamil Nadu Real Estate Regulatory Authority directed the District Collector, Chennai, to recover the penalty as arrears of land revenue.
