Case law, Tamil Nadu land law
Common Order in Appeal Nos. 55 to 58 of 2022
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry and the Andaman and Nicobar Islands, delivered the Common Order in Appeal Nos. 55 to 58 of 2022 on 25 August 2023. The appeals by M/s. Lokaa Developers Private Limited challenge the Tamil Nadu Real Estate Regulatory Authority common order in Complaint Nos. 176 to 179 of 2021 concerning refunds for four apartments in the M-One project, but the supplied extract does not include the Tribunal's final decision.
What the appeals concern
The Common Order in Appeal Nos. 55 to 58 of 2022 concerns four appeals filed by M/s. Lokaa Developers Private Limited under the Real Estate (Regulation and Development) Act, 2016. The promoter asked the Tamil Nadu Real Estate Appellate Tribunal to set aside the Tamil Nadu Real Estate Regulatory Authority common order dated 22 August 2022 in Complaint Nos. 176 to 179 of 2021 and dismiss the complaints.
The respondents are M/s. Monitor Commercial Private Limited, M/s. Bright Star Texim and Finvest Private Limited and M/s. Sriniwasa Road Carriers Private Limited. The companies were represented by Shailendra Kumar Jain.
Project and agreements
The dispute relates to the M-One real estate project developed by M/s. Lokaa Developers Private Limited. The record describes 12 registered construction agreements for 12 apartments.
Key figures recorded by the Tribunal are:
- Total sale amount for the 12 apartments was Rs. 3,95,84,838.
- Total amount paid was Rs. 3,49,94,400.
- The recorded balance was Rs. 45,90,438.
- Three construction agreements were mutually cancelled through registered cancellation deeds.
- Five agreements remained pending without action by either party.
- Four agreements became the subject of the complaints before the Tamil Nadu Real Estate Regulatory Authority.
Positions of the parties
M/s. Lokaa Developers Private Limited claimed that the allottees wanted to withdraw from the project and cancel all 12 agreements. The promoter stated that it agreed to refund the amounts with interest and had repaid Rs. 2,03,25,175 on various dates in relation to seven agreements. It also claimed that only three registered cancellation deeds had been completed and that repayment was withheld for five other agreements because of concerns about the missing cancellations.
The respondent allottees disputed the promoter's repayment claim and sought the advance amounts paid under the four agreements, together with interest. They asked the Tribunal to dismiss the appeals.
Practical relevance
The Common Order in Appeal Nos. 55 to 58 of 2022 directly concerns the promoter and allottees named in the four complaints. The supplied text ends during the Tribunal's discussion and does not state whether the appeals were allowed or dismissed, or what final relief was granted.
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Common questions
Did the Tribunal allow the developer's appeals?
The supplied extract does not contain the final decision. It therefore does not show whether Appeal Nos. 55 to 58 of 2022 were allowed or dismissed.
Which project is involved in these appeals?
The dispute concerns the M-One real estate project developed by M/s. Lokaa Developers Private Limited.
How many apartment agreements were involved?
There were 12 registered construction agreements. Three were mutually cancelled, five remained pending without action, and four were the subject of complaints before the Tamil Nadu Real Estate Regulatory Authority.
What refund did the allottees seek?
The respondent allottees sought repayment of the advance amounts paid under the four agreements, together with interest.
