Appeal No. 36 of 2023, Mahidhara Central Owners Welfare Association v. M/s. Mahidhara Projects Private Limited
The Tamil Nadu Real Estate Appellate Tribunal, in Appeal No. 36 of 2023 dated 12 July 2023, dismissed as withdrawn the appeal filed by Mahidhara Central Owners Welfare Association against M/s. Mahidhara Projects Private Limited. The Tribunal permitted the association to file an Execution Petition to enforce the Tamil Nadu Real Estate Regulatory Authority order dated 2 March 2023 in C.No.31 of 2022, and closed any connected miscellaneous applications.
What the Tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal recorded that counsel for Mahidhara Central Owners Welfare Association sought permission to withdraw Appeal No. 36 of 2023 and made an endorsement confirming that request. The Tribunal therefore dismissed the appeal as withdrawn.
The Tribunal also stated that the association may file an Execution Petition to execute the Tamil Nadu Real Estate Regulatory Authority order challenged in the appeal. Any connected miscellaneous applications that remained pending were closed.
The decision was made by Chairperson Justice M. Duraiswamy and Judicial Member R. Padmanabhan.
What the appeal had requested
Mahidhara Central Owners Welfare Association had challenged part of the Tamil Nadu Real Estate Regulatory Authority order dated 2 March 2023 in C.No.31 of 2022. The association had asked the Appellate Tribunal to:
- Require all development work to be completed in a usable manner and in line with the standard amenities, special amenities and other exclusive features promised in the brochure.
- Direct M/s. Mahidhara Projects Private Limited to become a member of the association and initiate association membership for all Mahidhara Central purchasers for each property held.
- Require the developer to maintain the completed project for three years, as stated in the brochure, before handing it over to the association.
- Direct completion of all development work within a reasonable time, followed by obtaining and providing the completion certificate from the relevant competent authority.
- Impose a penalty on the developer for the alleged contraventions identified in the appeal.
Because the appeal was withdrawn, the Tribunal did not grant or decide these requested appellate remedies in the order.
Who is affected
Appeal No. 36 of 2023 directly concerns Mahidhara Central Owners Welfare Association, its members, purchasers in the Mahidhara Central project and M/s. Mahidhara Projects Private Limited. Owners seeking enforcement should note that the Tribunal expressly left open the option of filing an Execution Petition to execute the Tamil Nadu Real Estate Regulatory Authority order dated 2 March 2023.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the association's complaints on their merits?
No. Appeal No. 36 of 2023 was dismissed because the association's counsel asked to withdraw it.
Can Mahidhara Central Owners Welfare Association still enforce the earlier regulatory authority order?
Yes. The Tamil Nadu Real Estate Appellate Tribunal expressly allowed the association to file an Execution Petition to execute the order challenged in the appeal.
Did the Tribunal order the developer to provide all brochure amenities?
No such direction was made in this appellate order. Providing usable development works and brochure amenities was one of the remedies requested before the appeal was withdrawn.
What happened to the connected miscellaneous applications?
Any connected miscellaneous applications that were pending were closed when Appeal No. 36 of 2023 was dismissed as withdrawn.
