Appeal No.39/2023
The Tamil Nadu Real Estate Appellate Tribunal issued its order in Appeal No.39/2023 on 16 October 2023, dismissing K.V. Capital's appeal against M/s. Fifth Field Realtors Private Limited as withdrawn. The tribunal allowed K.V. Capital to approach the appropriate court for appropriate relief, but did not order the requested refund or interest.
What the tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal, comprising Chairperson Justice M. Duraiswamy and Judicial Member R. Padmanabhan, disposed of Appeal No.39/2023 on 16 October 2023.
K.V. Capital, represented by its partner Ashok M. Jain, asked to withdraw the appeal because it intended to approach the appropriate court for relief. Its counsel, Bharat B. Jain, also made an endorsement recording the request.
The tribunal therefore:
- Dismissed Appeal No.39/2023 as withdrawn.
- Left K.V. Capital free to approach the appropriate court.
- Did not direct M/s. Fifth Field Realtors Private Limited to refund any amount or pay interest.
What the appeal concerned
Appeal No.39/2023 was filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016. It challenged an order dated 17 May 2023 in RCP No.80 of 2022, passed by the Single Member who decided that complaint.
K.V. Capital had originally asked the appellate tribunal to:
- Set aside the order dated 17 May 2023.
- Allow the relief requested in the complaint.
- Direct M/s. Fifth Field Realtors Private Limited to refund the entire consideration amount paid, together with interest.
Because K.V. Capital withdrew the appeal, the tribunal did not decide whether those requests should be granted. The source does not record any appearance for M/s. Fifth Field Realtors Private Limited at the hearing.
Who is affected
Appeal No.39/2023 directly concerns K.V. Capital and M/s. Fifth Field Realtors Private Limited. For a buyer, owner or professional checking the dispute, the key point is that the appellate proceeding ended through withdrawal rather than through a ruling on the refund claim.
The Tamil Nadu Real Estate Appellate Tribunal expressly preserved K.V. Capital's ability to seek appropriate relief before the appropriate court. The order does not identify that court or state what relief any court would grant.
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 K.V. Capital receive a refund with interest?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed Appeal No.39/2023 as withdrawn and did not direct a refund or payment of interest.
Why was Appeal No.39/2023 dismissed?
K.V. Capital's counsel requested permission to withdraw the appeal because the appellant intended to approach the appropriate court for relief.
Can K.V. Capital still take the dispute to court?
Yes. The Tamil Nadu Real Estate Appellate Tribunal expressly stated that K.V. Capital could approach the appropriate court for appropriate relief.
Did M/s. Fifth Field Realtors Private Limited appear before the tribunal?
The order records no appearance for M/s. Fifth Field Realtors Private Limited.
