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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, R.Sakthivel
Alliance Projects – Appellant
Versus
Uma Maheshwari – Respondent
JUDGMENT :
J. NISHA BANU, J.
This Civil Miscellaneous Second Appeal is preferred as against the order dated 28.01.2022 passed in Appeal No.30 of 2021, on the file of the Tamil Nadu Real Estate Appellate Tribunal (TNREAT), whereby, the order dated 23.02.2021 passed in C.C.P.No.263 of 2021 on the file of Tamil Nadu Real Estate Regulatory Authority (TNRERA), has been confirmed.
2. In this appeal, the appellants/developers have raised the following substantial questions of law:
“a) Whether the learned Adjudicating Officer, TNRERA and the Hon'ble Tamil Nadu Real Estate Appellate Tribunal can exercise jurisdiction in respect of a project blocks that was completed prior to 01.05.2017.
b) Whether the “Orchid Springs” project not being a project registered/registrable under RERA and consequently, whether the same cannot be subject to any proceedings under the Act, having applied for the completion certificate prior to the commencement of the Act or the Rules and having subsequently obtained the completion certificate?
c) Whether the impugned order is passed beyond the scope of the appeal itself, without hearing the parties on the orders passed, thereby rendering the impugned order null and void f
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....
Developers cannot concurrently invoke different remedies in an agreement regarding termination and compensation; once a choice is made, it binds subsequent actions.
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.
Appellant entitled to refund due to unfair agreement and failure to meet delivery obligations as per the Real Estate Act.
(1) Justified Withholding of Payments – An allottee is not necessarily “at fault” for stopping installments if it is evident that the builder is nowhere near completing the project by the committed d....
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
(1) Delay – It is undisputed that there has been delay in the handing over possession of the Flat as per the Agreement and the OP had cancelled the allotment to the Complainant.(2) Question of Law – ....
Remedy – it is for the Complainant’s choice to knock the door of the Consumer forum or RERA to get redress their remedy.
Allotment – Once an allotment letter is made its conditions prevail over the conditions mentioned in the earlier LoI.
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