Common Order, Appeal Nos.20 to 22, 58 and 59 of 2023

What the case concerns

The Common Order in Appeal Nos. 20 to 22, 58 and 59 of 2023 was delivered by the Tamil Nadu Real Estate Appellate Tribunal on 20 September 2023 under the Real Estate (Regulation and Development) Act, 2016. The appeals challenged reliefs disallowed by TNRERA in its common order dated 8 December 2022 in Complaint Nos. 27, 36, 40, 35 and 37 of 2022.

The appellants were purchasers of house sites with residential villas in the Sobha Westhill project, promoted by M/s. Sobha Limited and the other respondent companies. They claimed that the project was developed in three phases and that promised amenities had not been fully provided. The promoters described it as a layout project and stated that the allottees had formed an association registered with the Registrar of Societies, Coimbatore.

Directions on pending amenities

The Tamil Nadu Real Estate Appellate Tribunal noted that TNRERA had discussed the pending amenities but had not issued a finding or direction about them. The Tribunal directed the respondents to provide the following amenities by 31 December 2023, if they had not already been provided:

• Permanent electrical infrastructure, including a transformer and diesel generator set, for Phase III, Part C, which was recorded as only partially completed.
• Villa intercom connectivity with security.
• An association office.
• Shops shown in the approved plans.

Other claims considered

The Common Order in Appeal Nos. 20 to 22, 58 and 59 of 2023 records the following outcomes:

• A further claim concerning project registration was held not maintainable because TNRERA had already directed the respondents to register the project and fixed a deadline.
• TNRERA had already issued necessary directions concerning maintenance amounts.
• The claim for loss of interest on the corpus fund was rejected because the appellants had not provided details or an interest calculation.
• The Tribunal gave no finding on two requests made only in Appeal No. 21 of 2023, concerning defect rectification and restrictions on construction hours, because those requests had not been made in the original TNRERA complaint.
• For Appeal No. 59 of 2023, TNRERA had allowed the appellants to file a separate complaint before the Adjudicating Officer for compensation relating to repair works.

Who may be affected

The directions directly concern the appellants, the respondent promoters and the Sobha Westhill project. Buyers and owners in that project may be affected by the directions relating to common amenities, registration and maintenance.