M.A.No. 174/2023 in Appeal (SR) No.109/2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands), through M.A. No. 174/2023 in Appeal (SR) No. 109/2023 dated 1 November 2023, recorded a settlement between M/s. Casa Grande Homes Private Limited, M. Prem Rajan and P. Sithara. The Tribunal disposed of the application according to their Joint Memorandum of Compromise and closed the appeal.
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands), through M.A. No. 174/2023 in Appeal (SR) No. 109/2023 dated 1 November 2023, accepted the parties' out of court settlement, disposed of the delay application according to the compromise and closed the appeal.
What the case concerned
M/s. Casa Grande Homes Private Limited sought permission to file an appeal after a delay of 199 days. The proposed appeal challenged the Adjudicating Officer's order dated 20 May 2022 in C.C.P. No. 54 of 2021.
At the hearing, the company's counsel and the two respondents, M. Prem Rajan and P. Sithara, informed the Tribunal that they had settled the dispute outside court. They asked the Tribunal to dispose of the matter according to their Joint Memorandum of Compromise dated 1 November 2023.
Settlement terms recorded
The Joint Memorandum of Compromise states that the company had deposited Rs.28,43,849 towards the appeal. The parties agreed that:
- Rs.10,00,000 would be paid to the respondents as full and final settlement of all claims.
- The remaining Rs.18,43,849 would be paid to M/s. Casa Grande Homes Private Limited.
- Rs.3,77,208 payable by the respondents towards handing over the unit was covered by the amount paid to the company from the deposit.
- The respondents would pay applicable maintenance charges directly to the association.
- The parties would execute and register the transaction documents, including the sale deed and construction agreement.
- The respondents would bear the applicable registration charge, stamp duty and registration completion expenses.
Effect on the proceedings
M.A. No. 174/2023 was disposed of according to the compromise, which forms part of the Tribunal's order. Appeal (SR) No. 109/2023 was consequently closed.
The compromise also states that execution proceedings in E.P. No. 49 of 2022, concerning the order in C.C.P. No. 54 of 2021, were settled. The respondents agreed not to pursue those execution proceedings further. All parties confirmed that they reserved no further claims, rights or issues against each other.
Who is affected
M.A. No. 174/2023 directly affects only M/s. Casa Grande Homes Private Limited, M. Prem Rajan and P. Sithara in relation to their unit, payment, registration and connected proceedings. It records a settlement between named parties and does not announce a general rule for other buyers or projects.
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Common questions
Did the Tribunal decide whether the original complaint order was correct?
No decision on the merits is recorded. The Tribunal disposed of the application according to the parties' compromise and closed the appeal.
How was the deposited amount divided?
The compromise allocates Rs.10,00,000 to the respondents as full and final settlement and Rs.18,43,849 to M/s. Casa Grande Homes Private Limited.
Who must pay stamp duty and registration expenses?
M. Prem Rajan and P. Sithara agreed to bear the applicable registration charge, stamp duty and expenses for completing registration.
Can the respondents continue the execution petition?
The compromise states that E.P. No. 49 of 2022 was settled and that the respondents would not pursue further proceedings in it.
