Appeal No. 10 of 2024 and M.A.No.9 of 2024
The Tamil Nadu Real Estate Appellate Tribunal, in Appeal No. 10 of 2024 and M.A.No.9 of 2024 dated 21 February 2024, set aside the Tamil Nadu Real Estate Regulatory Authority's disposal of an execution petition filed by M/s. Serene Kshetra Owner's Association against M/s. Adinath Srinivasa Foundations LLP. The Tribunal found that the association had not been given an opportunity to respond to the promoter's late compliance report, and sent the execution petition back to the Tamil Nadu Real Estate Regulatory Authority for fresh consideration.
What the case concerns
Appeal No. 10 of 2024 arose from a complaint by M/s. Serene Kshetra Owner's Association seeking completion of unfinished works in its project. The Tamil Nadu Real Estate Regulatory Authority had directed M/s. Adinath Srinivasa Foundations LLP to complete all pending amenities on or before 31 March 2022.
The association later filed E.P.No.12 of 2022 to enforce that direction. It alleged that the promoter had not completed:
- The compound wall
- Development of the garden
- Solar water heater systems in individual units
- A pharmacy
- An amphitheatre
- An ATM
- A shuttle drop service
Why the earlier decision was set aside
The Tamil Nadu Real Estate Regulatory Authority gave the promoter several opportunities to file a compliance affidavit. The promoter did not file it before the execution petition was reserved for orders on 7 December 2022, but submitted a compliance report on 13 December 2022.
The compliance report claimed that the earlier direction had been fully complied with. It also disputed that solar water heater systems in individual units, an amphitheatre and an ATM had been promised.
The Tamil Nadu Real Estate Appellate Tribunal found:
- There was nothing on record showing that the execution petition had been reopened before the compliance report was received.
- The owners' association was not given notice or an opportunity to respond to the compliance report.
- Disposing of the execution petition on that basis violated the requirement to hear the association.
Result and practical effect
The Tamil Nadu Real Estate Appellate Tribunal allowed Appeal No. 10 of 2024 and set aside the order dated 20 April 2023 in E.P.No.12 of 2022 in C.No.125 of 2020. The execution petition was returned to the Tamil Nadu Real Estate Regulatory Authority for fresh consideration.
Both parties may submit supporting documents. The Tamil Nadu Real Estate Regulatory Authority must consider those documents and decide the execution petition on its merits and in accordance with law as quickly as possible.
The Tribunal did not decide whether every disputed amenity had been completed or promised. The connected application to file additional documents was closed because both parties were permitted to produce relevant documents during the fresh consideration.
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 the Tribunal decide that the promoter had failed to complete all the listed amenities?
No. The Tamil Nadu Real Estate Appellate Tribunal sent the execution petition back for fresh consideration and allowed both parties to submit supporting documents.
Why was the Tamil Nadu Real Estate Regulatory Authority's order set aside?
The promoter's compliance report was received after the execution petition had been reserved for orders, without anything on record showing that it had been reopened. The owners' association was not given an opportunity to respond to that report.
Can the owners' association and promoter file more documents?
Yes. The Tamil Nadu Real Estate Appellate Tribunal expressly allowed both parties to produce relevant supporting documents before the Tamil Nadu Real Estate Regulatory Authority.
What happens to E.P.No.12 of 2022 now?
The Tamil Nadu Real Estate Regulatory Authority must consider the execution petition afresh, examine the parties' documents and decide it on its merits and in accordance with law as quickly as possible.
