Appeal No.49 of 2023
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry, Andaman and Nicobar Islands, delivered its order in Appeal Number 49 of 2023 on 21 August 2023. The Tribunal dismissed the appeal by M/s. Navin's Housing and Properties Private Limited and declined to interfere with the TNRERA direction requiring the promoter to rectify defective tile laying that caused water stagnation and a slipping risk in an allottee's toilet area.
What the case concerned
Appeal Number 49 of 2023 was filed by M/s. Navin's Housing and Properties Private Limited, the promoter, against G. Ramamoorthy, the allottee. The appeal asked the Tamil Nadu Real Estate Appellate Tribunal to set aside the TNRERA Single Member's order in Complaint Number 81 of 2022, dated 9 December 2022.
The allottee had requested that some floor tiles in a combined bathroom and toilet be relaid with a proper slope towards the drain hole. His complaint was that splash water stagnated in the toilet area, described as the dry area.
Promoter's position
M/s. Navin's Housing and Properties Private Limited stated that the project's combined bathrooms and toilets used a wet and dry toilet design. Under that design, the toilet area was intended to remain dry, while the bath area would normally be wet. The promoter said this arrangement was provided for hygiene and to reduce accidental falls.
Tribunal's findings
The Tamil Nadu Real Estate Appellate Tribunal considered photographs produced by both parties and heard their arguments. Its key findings were:
- The combined bathroom and toilet had two drain holes, one in the dry area and one in the wet area.
- Splash water was reported to stagnate in the dry area instead of flowing towards its drain hole.
- The dry area was next to the entrance and had to be crossed when entering or leaving the wet area.
- Stagnant water in that location created a possibility of slipping.
- The problem arose from poor laying of tiles in the dry area.
- Rectification involved relaying tiles over approximately 15 square feet, about half of the approximately 25 square foot bathroom area.
Result and practical effect
The Tamil Nadu Real Estate Appellate Tribunal found no reason to interfere with the TNRERA Single Member's decision. It dismissed Appeal Number 49 of 2023 and closed any connected miscellaneous applications that remained pending.
The TNRERA direction required the promoter to rectify the workmanship defects in the toilet area within 30 days. For buyers and allottees, the decision shows that water stagnation caused by poorly laid bathroom tiles may be treated as a workmanship defect where it creates a slipping risk.
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Common questions
Did the promoter succeed in overturning the TNRERA direction?
No. The Tamil Nadu Real Estate Appellate Tribunal dismissed Appeal Number 49 of 2023 and declined to interfere with the TNRERA Single Member's decision.
What repair was the promoter directed to carry out?
The TNRERA Single Member directed the promoter to rectify the workmanship defects in the toilet area within 30 days. The allottee had requested relaying of some floor tiles with a proper slope towards the drain hole.
Why did the Tribunal consider the water stagnation a safety issue?
The dry toilet area was next to the entrance and had to be crossed when entering or leaving the wet bath area. The Tamil Nadu Real Estate Appellate Tribunal found that stagnant water there created a possibility of slipping.
Did the bathroom already have drain holes?
Yes. The Tamil Nadu Real Estate Appellate Tribunal found two drain holes, one in the dry area and another in the wet area, but water was still reported to stagnate because of poor tile laying in the dry area.
