Case law, Tamil Nadu land law
Appeal No. 30 of 2023, Vishal Chauhan v. M/s. Golden Homes Pvt. Ltd.
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued the order in Appeal No. 30 of 2023 on 9 August 2023, allowing Vishal Chauhan's appeal against M/s. Golden Homes Pvt. Ltd. The Tribunal set aside the Tamil Nadu Real Estate Regulatory Authority's dismissal of his refund complaint for non-prosecution and returned the complaint for fresh consideration on its merits.
What the case concerns
Appeal No. 30 of 2023 arose from a complaint filed by Vishal Chauhan against M/s. Golden Homes Pvt. Ltd., represented by its Director, Balsingh. The complainant had asked the Tamil Nadu Real Estate Regulatory Authority for a refund of an amount with interest from the respondent.
The Single Member of the Tamil Nadu Real Estate Regulatory Authority dismissed R.C.P. No. 132 of 2022 for non-prosecution on 7 March 2023 because the complainant remained absent. Vishal Chauhan appealed under Section 44 of the Real Estate (Regulation and Development) Act, 2016, seeking restoration of the complaint.
Reason given for the absences
Vishal Chauhan stated that his counsel had wrongly noted the hearing dates. According to the appeal, this caused his non-appearance before the Single Member on 14 October 2022, 16 December 2022 and 7 March 2023.
His counsel told the Tamil Nadu Real Estate Appellate Tribunal that the complainant would attend on any date fixed by the Tribunal and complete the proceedings within the required time. Counsel for M/s. Golden Homes Pvt. Ltd. agreed that the dismissal could be set aside and the matter returned for fresh consideration.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal accepted the explanation for the complainant's absence and decided to provide one more opportunity. Its key directions were:
- The dismissal order in R.C.P. No. 132 of 2022, dated 7 March 2023, was set aside.
- The complaint was returned to the Single Member of the Tamil Nadu Real Estate Regulatory Authority for fresh consideration.
- The complainant or his counsel, and counsel for the respondent, were directed to appear on 16 August 2023.
- The Single Member was requested to decide the complaint on its merits and in accordance with law within six weeks from 16 August 2023.
- Both parties were to receive an opportunity to be heard.
- Appeal No. 30 of 2023 was allowed.
Who is affected
The ruling directly affects Vishal Chauhan and M/s. Golden Homes Pvt. Ltd. It restores the refund complaint for a decision on its merits, but does not itself decide whether a refund or interest must be paid.
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Common questions
Did the Tribunal order M/s. Golden Homes Pvt. Ltd. to pay a refund?
No. The Tamil Nadu Real Estate Appellate Tribunal restored the complaint for fresh consideration and did not decide the refund claim itself.
Why was Vishal Chauhan's original complaint dismissed?
The Single Member of the Tamil Nadu Real Estate Regulatory Authority dismissed it for non-prosecution because the complainant remained absent.
Why did the Tribunal restore the complaint?
Vishal Chauhan said his counsel had wrongly noted the hearing dates. After considering that explanation and the submissions from both sides, the Tribunal gave him one more opportunity.
What did the Tribunal require after restoring the complaint?
The parties or their counsel were directed to appear before the Single Member on 16 August 2023. The Single Member was requested to decide R.C.P. No. 132 of 2022 on its merits within six weeks from that date, after hearing both parties.
