M.A.No.230 of 2023 in Appeal (SR) No.544 of 2023
The Tamil Nadu Real Estate Appellate Tribunal issued M.A.No.230 of 2023 in Appeal (SR) No.544 of 2023 on 24 January 2024, recording an out of court settlement between M/s. Casa Grande Civil Engineering Private Limited and allottee Uma Maheswari N.K. The Tribunal disposed of the delay application and appeal under the parties' Joint Memorandum of Compromise, dividing the promoter's deposited sum between them with proportionate interest.
What the case concerned
M.A.No.230 of 2023 in Appeal (SR) No.544 of 2023 arose from a dispute between M/s. Casa Grande Civil Engineering Private Limited, the promoter and appellant, and Uma Maheswari N.K., the allottee and respondent. The appeal sought to set aside the common order dated 20 June 2022 in C.C.P.No.219 of 2021, passed by the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority.
The promoter also filed a miscellaneous application asking the Tamil Nadu Real Estate Appellate Tribunal to condone a delay of 196 days in filing the appeal.
Settlement recorded by the Tribunal
The Tamil Nadu Real Estate Appellate Tribunal was informed that the parties had settled the dispute out of court and signed a Joint Memorandum of Compromise dated 8 January 2024. The memorandum was signed by the appellant, the respondent and their respective lawyers.
The Tribunal took the Joint Memorandum of Compromise on record and disposed of both the miscellaneous application and the appeal according to its terms. The compromise terms form part of the Tribunal's order dated 24 January 2024.
Division of the deposited amount
M/s. Casa Grande Civil Engineering Private Limited had deposited a total of Rs.22,87,685 under the Real Estate (Regulation and Development) Act, 2016, for the appeal. The agreed distribution was:
- Rs.13,72,611 may be withdrawn and paid to Uma Maheswari N.K. as full and final settlement of all claims.
- Rs.9,15,074 may be withdrawn and released to M/s. Casa Grande Civil Engineering Private Limited.
- Because the deposited money was held in a fixed deposit, each party is entitled to proportionate interest on the amount allocated to that party.
Who is affected
M.A.No.230 of 2023 in Appeal (SR) No.544 of 2023 directly affects the promoter and allottee named in the case. Under their compromise, all issues, claims and disputes between them were settled, neither party reserved a right to raise further claims or issues against the other, and the promoter stated that there was no reason to continue pursuing the appeal.
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 Tamil Nadu Real Estate Appellate Tribunal decide the original dispute on its merits?
The Tribunal disposed of the application and appeal according to the parties' Joint Memorandum of Compromise after they reported an out of court settlement.
How much money was paid to the allottee under the settlement?
The compromise allocated Rs.13,72,611 to allottee Uma Maheswari N.K. as full and final settlement of all claims, together with proportionate interest from the fixed deposit.
How much of the deposit was returned to the promoter?
The compromise allocated Rs.9,15,074 to M/s. Casa Grande Civil Engineering Private Limited, together with proportionate interest from the fixed deposit.
Can either party bring further claims against the other after this settlement?
The Joint Memorandum of Compromise states that the parties did not reserve any right, interest or liberty to raise further claims or issues against each other.
