Appeal No.64 of 2023
The Tamil Nadu Real Estate Appellate Tribunal, covering Tamil Nadu, Puducherry, Andaman and Nicobar Islands, issued its order in Appeal No.64 of 2023 on 4 October 2023. It set aside the dismissal for non-appearance of V. Chinnathambi's complaint against the State Bank of India Officers Association, Chennai Circle, and sent the complaint back to the Tamil Nadu Real Estate Regulatory Authority for fresh consideration on its merits.
What the case concerns
Appeal No.64 of 2023 arose from a complaint by V. Chinnathambi against the State Bank of India Officers Association, Chennai Circle, represented by its General Secretary, R. Balaji. The complainant sought relief under the Real Estate (Regulation and Development) Act, 2016 for delayed delivery of a flat and other defects in the flat taken over by him.
The State Bank of India Officers Association, Chennai Circle contested the complaint before a Single Member of the Tamil Nadu Real Estate Regulatory Authority.
Why the appeal was filed
The Single Member dismissed Complaint No.73 of 2021 for default on 17 November 2022 because the complainant did not appear. V. Chinnathambi appealed under Section 44 of the Real Estate (Regulation and Development) Act, 2016 and asked the Tamil Nadu Real Estate Appellate Tribunal to set aside that dismissal.
The parties gave the following explanations:
- The respondent argued that sufficient opportunities had been given to the complainant, but he did not appear to make his submissions.
- The complainant's counsel stated that the complainant had various ailments and could not provide proper instructions to his counsel or appear before the Single Member.
- The complainant requested another opportunity to present his case in the interest of justice.
Tribunal's decision
The Tamil Nadu Real Estate Appellate Tribunal considered the submissions from both sides and decided that the complaint should receive fresh consideration.
- The dismissal dated 17 November 2022 in Complaint No.73 of 2021 was set aside.
- The complaint was sent back to the Single Member of the Tamil Nadu Real Estate Regulatory Authority.
- The parties or their lawyers were directed to appear before the Single Member on 16 October 2023.
- The Single Member was directed to decide the complaint afresh, on its merits and in accordance with law.
- Appeal No.64 of 2023 was allowed.
Effect on property buyers and professionals
Appeal No.64 of 2023 did not decide whether delayed delivery or defects were proved. Its immediate effect was procedural: it restored V. Chinnathambi's opportunity to have Complaint No.73 of 2021 examined on its merits by the Tamil Nadu Real Estate Regulatory Authority.
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Common questions
Did the Tribunal award compensation for the delayed flat delivery or defects?
No compensation was awarded in Appeal No.64 of 2023. The Tamil Nadu Real Estate Appellate Tribunal sent the complaint back for a fresh decision on its merits.
Why was V. Chinnathambi's original complaint dismissed?
The Single Member of the Tamil Nadu Real Estate Regulatory Authority dismissed Complaint No.73 of 2021 for default on 17 November 2022 because the complainant did not appear.
Why did the Tribunal give the complainant another opportunity?
The complainant's counsel stated that the complainant had various ailments and could not provide proper instructions or appear. After considering both sides and the interest of justice, the Tribunal ordered fresh consideration.
What must happen next in Complaint No.73 of 2021?
The Single Member of the Tamil Nadu Real Estate Regulatory Authority must decide the complaint afresh, on its merits and in accordance with law.
