Common Order, Appeal Nos. 55 to 57 of 2023

What the common order covers

The Tamil Nadu Real Estate Appellate Tribunal issued the common order in Appeal Nos. 55 to 57 of 2023 on 11 September 2023. The appeals were filed by E. Nanda Kumar, M. Gautam and K. Jeya against P.G. Prabhakar Reddy, Managing Director of P dot G Constructions Private Limited, and RCC E-Construct Private Limited. They challenged the common order passed by the Tamil Nadu Real Estate Regulatory Authority in Complaint Nos. 90 to 92 of 2020.

The dispute concerned demands made to the appellants, registration of the P dot G INNOVA project, completion of pending construction work and compensation.

Project registration position

The Tamil Nadu Real Estate Appellate Tribunal recorded the following facts about the P dot G INNOVA registration:

• The project was registered with the Tamil Nadu Real Estate Regulatory Authority on 4 May 2021.
• The registration certificate was valid until 27 July 2023 unless renewed.
• The Tribunal Registry confirmed that the registration had not been extended after 27 July 2023 as of the date of the common order.
• RCC E-Construct Private Limited stated that it had applied for an extension on 29 May 2023, but no extension order had been passed.

Outcome of the appeals

The common order in Appeal Nos. 55 to 57 of 2023 disposed of each requested remedy as follows:

• The request to restrain enforcement of earlier demand letters and an email had become infructuous for the present because the registration had not been extended.
• If registration is extended from 27 July 2023, RCC E-Construct Private Limited may issue a fresh demand. The appellants may then challenge that demand before the appropriate forum.
• Any fresh complaints filed with the Tamil Nadu Real Estate Regulatory Authority must be decided on their merits, without being influenced by observations in its earlier order dated 19 August 2021.
• The request to direct project registration was dismissed as infructuous because registration had already taken place.
• The appellants may file execution petitions before the Tamil Nadu Real Estate Regulatory Authority concerning completion of pending project work.
• The compensation claim was dismissed because the appellants did not press it.

Who may be affected

The common order directly concerns the three appellants and the two respondents. It may also be relevant to buyers dealing with demands connected to the P dot G INNOVA project, particularly if the project registration is later extended and a fresh demand is issued.