IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2025 CORAM THE HONOURABLE MR JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL CMSA Nos. 25 & 26 of 2025 R. Santhi Pitchaiya Nattar Appellant(s) in both the appeals Vs Homefinders Housing Ltd Rep. by its Chairman and Managing director, K.S.Ramalingam, Old Flat No.2C, Race view towers, 71 Mount road, Guindy, Chennai- 600032. At present Block No.10, Homefinders Estate, Thiruvalluvar Salai, Ramapuram, Chennai-600089.

Respondent(s) in both the appeals COMMON PRAYER These Civil Miscellaneous Second Appeals have been filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 read with Section 100 of CPC to set aside the order passed by the Honble Tamil Nadu Real Estate Appellate Tribunal, Chennai dated 21.02.2025 made in Appeal Nos.25 & 26 of 2022 and reversing the order of the Honble adjudicating officer in CCP Nos.92 & 93 of 2020, dated 28.02.2022 by the Tamil Nadu Real Estate Regulatory Authority, Chennai.

In Both the Appeals:

For Appellant(s): M/s.M.Yogaa For Respondent(s): Mr. K. Harishankar for Mr.P. Mano Rajan

COMMON JUDGMENT

(Judgment delivered by P.DHANABAL J.)

These Civil Miscellaneous Second Appeals have been preferred against the order dated 21.02.2025 passed by the Tamil Nadu Real Estate Appellate Tribunal, Chennai in Appeal Nos.25 & 26 of 2022, reversing the order passed by the Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority, Chennai, in CCP.Nos.92 & 93 of 2022, dated 21.10.2024.

2. Since the relief sought for in both the Civil Miscellaneous Second Appeals are identical and the grounds of appeal are also similar, both appeals are being disposed of by way of this common order.

3. The appellant/complainant filed two petitions before the Tamil Nadu Real Estate Regulatory Authority, Chennai, in CCP.Nos.92 and 93 of 2020, alleging that she had booked Apartment Nos.13A and 16B in the respondent's project 'Elegant Palm' Situated in Aatchikadu Village, Tindivanam Taluk, Villupuram District, which were allotted to her. She paid a sum of Rs.1,04,079/- on June 04, 2012, as part of booking amount, and subsequently, she paid an additional amount of Rs.19,60,045/- on June 19, 2012. The construction agreement was executed on June 7, 2012 and the sale deed for the undivided share of land (UDS) was registered on June 29,2012 as Document No.1941 of 2012, before the Sub-Registrar Office, Marakkanam, in respect of the said apartments. As per the agreement, the appellant was required to pay a further sum of Rs.1,04,079/- at the time of handing over possession. However, despite receiving the entire sale consideration, the respondent failed to complete the construction and hand over possession of the apartments as agreed. The respondent stated various reasons for the delay, including shortage of materials and flood issues. Since the respondent breached the terms of the contract, the appellant decided to cancel the booking and filed petitions in CCP.Nos.92 and 93 of 2020 seeking a refund of the amount paid with interest.

4. The respondent denied the above said averments by filing a counter affidavit, stating that the appellant/complainant made payments of Rs.1,04,079/- on 04.06.2012, as part booking amount and in total a sum of Rs.19,60,045/- was realized from the appellant/claimant for each flat and the balance amount payable by the appellant as on 19.06.2012 was a sum of Rs.58,603,50/- + service tax and the incidental charges for each flat and till date, the appellant has not paid the same. It is further contended that at the request of the appellant/complainant, the flooring was upgraded from ceramic to granite, the cost of which has not been paid by the appellant/complainant. It is further contended that construction of the project was completed on 20.06.2014 and the same was also communicated to the appellant/complainant and however, the appellant/complainant failed to take possession of booked flats and also not paid the balance sum of