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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.NISHA BANU, R.SAKTHIVEL, JJ
Emerald Haven Realty, Developers (Paraniputhur) Pvt. Ltd. – Appellant
Versus
S.V. Ramesh – Respondent
JUDGMENT :
J.Nisha Banu, J.
The appellant has approached this Court under Section 58 of the Real Estate (Regulation and Development) Act, read with Section 100 of the Civil Procedure Code against the judgment of the Tamil Nadu Real Estate Appellate Tribunal, Chennai dated 07.08.2024 passed in Appeal No.18 of 2024, confirming the judgment passed by the Tamil Nadu Real Estate Regulatory Authority, Chennai dated 26.04.2023 in C.C.P.No.233 of 2021.
2. The essential facts of the case would run thus:-
2.1. A flat bearing No.B-102, with undivided share of land measuring 1203 sq.ft and having carpet area of 1236 sq.ft., type 4 BHK 3T in the first floor, Block B, along with a balcony area of 101 square feet, in the residential cum commercial building complex known as TVS Emerald “Green Enclave” project was originally booked by the father of the first respondent for a base price of Rs.1,03,74,276/- i.e. Rs.17,98,485/- being the land cost and Rs.85,75,791/- being the civil construction cost. Pursuant to the same, construction agreements and sale agreements were entered into by and between the parties on 10.02.2020 and the expected delivery of the apartment was fixed during the month of October 20
The burden of proof lies on the party asserting a fact, and the appellant failed to substantiate claims of double GST payment, leading to the upholding of the Tribunal's decision regarding the refund....
Developers cannot concurrently invoke different remedies in an agreement regarding termination and compensation; once a choice is made, it binds subsequent actions.
The central legal point established in the judgment is that even a promoter who has not received any consideration from an allottee is liable to give a refund with interest under Section 18 of the Re....
Developers cannot enforce termination clauses to retain liquidated damages once they opted to accept undelivered payments according to the contract's discretion clause, establishing the binding natur....
The judgment established the unconditional right of the allottee to seek refund and the application of promissory estoppel in enforcing promises made by the promoter.
Contractual obligations under the Apartment Buyer Agreement necessitate interest on refunds paid due to failure in delivering possession, with current economic context influencing the interest rate.
The court established that a project with delays in completion falls under RERA's provisions, and mere local authority certifications do not suffice as valid completion certificates.
Projects receiving partial occupancy certificates prior to enactment are exempt from certain provisions of Real Estate (Regulation and Development) Act.
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