IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, R.Sakthivel
P. Anandasundaresan – Appellant
Versus
Akshaya Pvt. Ltd. – 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 order of the Tamil Nadu Real Estate Appellate Tribunal, Chennai dated 07.03.2022 passed in Appeal No.103 of 2021 on the file of TNREAT, which reversed the order dated 30.03.2020 passed in CCP No.30 of 2020 on the file of Tamil Nadu Real Estate Regulatory Authority (TN RERA), Chennai filed by the appellant herein.
2. The essential facts of the case would run thus:-
2.1. The appellant herein is a retired General Manager of Bharath Petroleum Corporation Limited, a Public Sector Undertaking. The respondent /Promoter has advertised for constructing a residential apartment complex at Thaiyur Village, Chengalpet Taluk in Thiruporur bearing the project name “January”. The said project comprised of construction of residential flats measuring 1396 sq.ft. in an undivided share of land, in a total land measuring about 5 Acres and 23.79 cents. The appellant being interested in the same, approached the respondent/ Promoter and on 30.07.2011, the appellant entered into a Memorandum of Agreement with the
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RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
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Projects receiving partial occupancy certificates prior to enactment are exempt from certain provisions of Real Estate (Regulation and Development) Act.
Developers cannot concurrently invoke different remedies in an agreement regarding termination and compensation; once a choice is made, it binds subsequent actions.
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....
RERA Authority has no jurisdiction to review municipal completion certificates issued prior to the RERA Act's enforcement, maintaining their validity unless declared otherwise by competent municipal ....
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