Appeal No.59 of 2022
The Tamil Nadu Real Estate Appellate Tribunal, in Appeal No.59 of 2022 delivered on 13 October 2023, considered allottee Thamizh Chelvan's challenge to parts of the TNRERA order dated 22 August 2022 concerning the Provident Cosmo City project. The Tribunal held that the promoters could charge for car parking proportionate to the flat's carpet area and found that the requested environment clearance relief had already been granted by TNRERA, but the supplied text ends before the final decision on the appeal and maintenance charges.
What the case concerns
Appeal No.59 of 2022 before the Tamil Nadu Real Estate Appellate Tribunal concerns Flat No.D3-104 in Provident Cosmo City at Pudupakkam Village, Thiruporur Taluk. The appellant, Thamizh Chelvan, challenged parts of the TNRERA decision in C.No.243/2021 against M/s. Puravankara Limited, M/s. Provident Housing Ltd. and the Cosmo City Residents Welfare Association.
The appellant stated that he booked the flat in 2009, paid Rs.20,84,673 including service tax and car parking charges, and received a registered sale deed in 2011. He claimed that possession had not been handed over.
Issues considered
Although the appeal requested several remedies, the appellant's counsel limited submissions before the Tamil Nadu Real Estate Appellate Tribunal to three issues:
- Whether the promoters had the required environment clearance for 2,174 flats.
- Whether Rs.60,000 described as car parking charges should be refunded.
- Whether the appellant must pay monthly maintenance charges to the Cosmo City Residents Welfare Association.
The appeal had also requested directions concerning parking allocation, driveway width, transfer of 3.5 acres to the association, further sales in the project and action relating to environmental requirements.
Key findings in the supplied text
- TNRERA had already directed the promoters to obtain the necessary environment clearance for 2,174 flats as early as possible. The Tribunal therefore found that the appellant had already received the requested relief on that issue and stated that the concerned authorities must issue the expanded clearance.
- On the Rs.60,000 car parking claim, the Tribunal held that the promoters were entitled to charge for car parking proportionate to the carpet area of the flat.
- The promoters stated that maintenance had been handed over to the Cosmo City Residents Welfare Association from 1 November 2017. Both the promoters and the association argued that the appellant was liable to pay maintenance.
- The supplied text does not include the Tribunal's final ruling on maintenance charges or the final operative result of the appeal.
Who is affected
Appeal No.59 of 2022 directly concerns the appellant, the two promoter companies and the Cosmo City Residents Welfare Association. Purchasers in Provident Cosmo City may find the findings on environment clearance, proportionate car parking charges and association maintenance relevant when reviewing their own agreements and demands.
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 order a refund of the Rs.60,000 car parking charge?
The supplied text does not show a refund being ordered. It records the Tribunal's finding that the promoters were entitled to charge for car parking proportionate to the carpet area of the flat.
What did the Tribunal say about environment clearance for Provident Cosmo City?
The Tribunal noted that TNRERA had already directed the promoters to obtain the necessary environment clearance for 2,174 flats as early as possible. It therefore treated the appellant's requested relief on this issue as already granted.
Was the allottee required to pay maintenance charges to the residents association?
The promoters and the Cosmo City Residents Welfare Association argued that the allottee was liable to pay maintenance. The supplied text ends before the Tribunal's final finding on that issue.
Does the supplied decision show whether the appeal was allowed or dismissed?
No. The supplied text ends after the finding on car parking charges and does not contain the final operative result.
