JUDGMENT :

N. Kirubakaran, J.

Defrauding of purchasers,

Deviation of approved plans,

Violation of Rules and Regulations,

Non provision of agreed amenities,

Provision of inadequate amenities,

Substandard construction and

1. Over exploitation of ground water etc., have almost become normal nowadays and most of the developers and promoters are misleading and exploiting the purchasers by their violations and negligence. Unless strict action is taken against these erring developers, we cannot expect orderly development of the town or city. Violations will not only affect the purchasers but also affect the environment. Mostly these erring builders/promoters are having connivance with the policy makers, officials, police force and muscle men and the gullible/innocent purchasers cannot raise their little finger against this kind of syndicate and they have become silent sufferers. The collapse of multi-storied building at "Mugalivakkam village" itself is an infamous example. It would throw light upon how in utter violation of rules and regulation, most of the buildings are being constructed affecting the common man and the planned development of urban areas.

2. Here is one such case before this Court, in which there are allegations of violation of rules and regulations, approved plan and attempt to wriggle out of the new RERA Act by the 1st respondent/promoters.

3. The Appellant has purchased a flat from the 1st respondent and entered into a sale cum construction agreement on 27.11.2012. The property is situated in New Survey Nos. 148/5A, 148/7A, 137/1 and 138/1, Karambakkam Village, Ambattur Taluk, Thiruvallur District. The flat purchased bearing No. 9131, 13th floor, Block No. 9, measuring about 1592 sq. ft., is part of a multi-storied building project known as "Osian Chlorophyll" and the proportionate undivided share of land is about 418 sq. ft. The total cost of land is Rs. 11,49,500/- was paid by the appellant/complainant. A sum of Rs. 81,85,380/- was to be paid towards cost of construction. Out of the said amount the complainant already paid a sum of Rs. 75,18,367/- and a balance sum of Rs. 6,67,013/- is being withheld by the appellant for the reason that the respondent should get appropriate approvals from the authorities. As per the sale cum construction agreement dated 27.11.2012, the possession of the flat is to be handed over within 36 months from 31.03.2012 (i.e.,) on or before 31.03.2015.

4. The first respondent assured that all the approvals for the construction had been obtained and construction would be made in conformity with the approvals. The respondent obtained only planning permission, but the prior environment clearance certificate had not been obtained and the completion certificate was not issued, as the project (Osian Chlorophyll) comes under the definition of "on-going project". Moreover there are legal proceedings pending before the authorities and the possession of the flat has not been handed over as per the terms of the agreement. The 1st respondent by email dated 15.07.2015 sought for extension of time for handing over possession assuring that the completion certificate would be obtained and thereafter possession would be handed over by 15.12.2015.

5. Inspite of such assurance, no clearance had been obtained in compliance with Section 14 of the Real Estate (Regulation and Development) Act, 2016. Moreover, the respondent has not registered the project as it is coming under the definition of on-going project as defined in Rule 2 (h) of the Tamil Nadu Real Estate (Regulation and Development) Rules 2017. As the construction has not been done after obtaining approvals and the possession has not been handed over as per clause 8 of the sale cum construction agreement, the appellant filed an application before Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority seeking withdrawal from the project. Infact, after construction was started, the respondent made an application to the State Level Environmental Impact