Appeal No. 14 of 2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands) issued the order in Appeal No. 14 of 2023 on 4 August 2023, dismissing Sruthi Manjari Roshan's appeal against Indira Projects & Developments (T) Private Limited as withdrawn following an agreement between the parties. The Tribunal also directed the respondent to give the appellant the GST invoices on or before 11 August 2023.
What the appeal concerned
Appeal No. 14 of 2023 before the Tamil Nadu Real Estate Appellate Tribunal concerned Sruthi Manjari Roshan and Indira Projects & Developments (T) Private Limited. The appellant had asked the Tribunal to modify the Single Member, TNRERA order dated 12 January 2023 in R.C.P. No. 9 of 2022.
The appellant's requests included:
- Refund of Rs. 5,25,400 paid on 15 September 2021, with interest.
- Refund of Rs. 86,460 paid towards stamp duty and registration charges on 11 October 2021, with interest.
- Modification of the earlier TNRERA order.
Settlement and plot registration
The parties filed a Memorandum of Understanding dated 20 July 2023. Under that agreement, the appellant agreed to withdraw Appeal No. 14 of 2023 because Plot No. 115 had been registered in favour of the appellant's husband, Sundararajan Roshan.
The respondent's counsel informed the Tribunal that:
- The sale deed was registered on 24 July 2023.
- The registration was recorded as Document No. 3744 of 2023.
- The registration took place in the Office of the Sub Registrar, Sunguvarchatram.
The appellant's Power of Attorney also endorsed the case papers to request permission to withdraw the appeal.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal took the Memorandum of Understanding dated 20 July 2023 on record. Based on the withdrawal request and endorsement made by the appellant's Power of Attorney, the Tribunal dismissed Appeal No. 14 of 2023 as withdrawn.
The operative directions were:
- The appeal was dismissed as withdrawn.
- Indira Projects & Developments (T) Private Limited was directed to hand over the GST invoices to the appellant on or before 11 August 2023.
The order does not contain a direction granting the refunds or interest originally requested in the appeal.
Who is affected
Appeal No. 14 of 2023 directly concerns the appellant, the respondent developer and the registration of Plot No. 115 in favour of Sundararajan Roshan. A person examining this transaction should note that the Tribunal recorded the plot registration, accepted the parties' agreement and closed the appeal without deciding the original refund requests through a separate operative direction.
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Common questions
Did the Tribunal order a refund of the amount paid for the plot?
No refund was included in the operative directions. Appeal No. 14 of 2023 was dismissed as withdrawn after Plot No. 115 was registered in favour of the appellant's husband.
In whose name was Plot No. 115 registered?
The order records that Plot No. 115 was registered in favour of Sundararajan Roshan, the appellant's husband.
Where and when was the sale deed registered?
The sale deed was registered on 24 July 2023 as Document No. 3744 of 2023 in the Office of the Sub Registrar, Sunguvarchatram.
Was the developer required to provide GST invoices?
Yes. The Tamil Nadu Real Estate Appellate Tribunal directed Indira Projects & Developments (T) Private Limited to give the GST invoices to the appellant on or before 11 August 2023.
