Judgements - TNREAT


S.No. Appeal No. Subject Date Order
1 1/2018 Appeal against Rejection of Project Registration.

Y. Ravishankar Vs Marg Properties Limited
23.05.2018
2 2/2018 Appeal against direction to register even in the case of long term lease and in the case where DTCP has issued as structurally completed.

Marg Properties Limited Vs T.M. Arunachalam
13.11.2018
3 5/2018 Appeal filed against registering the project with TNRERA by Adinath Srinivasa Foundations - Orders Issued.

Adinath Srinivasa Foundations LLP Vs The Secretary Serene Kshetra Owners Association
11.01.2019
4 1/2019 Appeal filed against the direction of the Authority on the ground of non-profit organisation.

Army Welfare Housing Organisation (AWHO) Vs Brig J.S. Dharmadeeran (Retd.,) and 3 Others
20.03.2019
5 3/2018 Appeal filed against the order of the Authority on the ground that already sold portion was shown for approval of next phase.

Kendriya Vihar-II Apartment Owners' Welfare Association Vs 1) Central Government Employees Welfare Housing Organisation (CGEWHO) and 2) Chennai Metropolitan Development Authority (CMDA)
21.03.2019
6 3/2019 & 4/2019 Appeal filed against the Order of Adjudicating Officer on the grounds of withdrawal of complaint before the Consumer Forum and then file complaint before RERA.

A.R. Ravisankar Vs Marg Properties Ltd., & another (Appeal No.3/2019)
Y. Ravishankar Vs Marg Properties Ltd., & another (Appeal No.4/2019)
25.04.2019
7 6/2018 Compromise

Rajendran Chingaravelu Vs Unitech Limited
11.06.2019
8 2/2019 Appeal against the maintainability order passed by Adjudicating Officer under RERA.

SPR & RG Construction Private Limited Vs Subashini Thulasiram
19.06.2019
9 S.R. No.310/2019 in Unnumbered Appeal of 2019 Maintainability of Appeal filed by one of the partners of Firm.

Asvini Foundations Vs M. Ravi and 16 Others
04.07.2019
10 4/2018 Maintainability of Complaint under Section 3 of the Act.

Dakshin Homes Apartment Owners Association Vs Dakshin Home Developers and 2 Others
11.07.2019
11 S.R. No.484/2019 in Unnumbered Appeal of 2019 Dismissal for Non-Appearance of Appellant.

Asvini Foundations Vs M. Ravi and 16 Others
28.08.2019
12 55/2019 All Industrial Projects will come under the purview of RERA.

GMR Krishnagiri SIR Limited Vs Tamil Nadu Real Estate Regulatory Authority
27.09.2019
13 61/2019 Non-Payment of Penalty / Compensation determined by the Adjudicating Officer - Permitted to Withdraw Appeal for Depositing the same.

Eco Bay Developers and Builders Pvt. Ltd., Vs K. Saravana Easwaran
30.09.2019
14 5/2019 Attempt to substitute supplementary agreement leads to renunciation of contract and pave way for liability to pay interest and compensation.

Casa Grande Engineering Pvt. Ltd., Vs K. Ganesan & V. Mahalakshmi
15.10.2019
15 53/2019, 54/2019 and 56/2019 Non profit construction project comes under RERA.

Colonel. C.M. Unnithan Vs Army Welfare Housing Organisation (AWHO) (Appeal No.53/2019)
Capt. Nagarajan Vasudeva Rao Vs Army Welfare Housing Organisation (AWHO) (Appeal No.54/2019)
Commander. N. Koteeswar Vs Army Welfare Housing Organisation (AWHO) (Appeal No.56/2019)
31.10.2019
16 6/2019, 8/2019 to 12/2019 Withdrawal of Appeals on Objections.

Pacifica (Chennai Project) Infrastructure Pvt. Ltd., Vs 1) Shanthi Ramachandran (Appeal No.6/2019), 2) M.P. Murugaiah (Appeal No.8/2019), 3) Mary Stella (Appeal No.9/2019), 4) S. Nagalingam (Appeal No.10/2019), 5) Ananda Narayana (Appeal No.11/2019) and 6) A. Jayakumar (Appeal No.12/2019)
06.11.2019
17 59/2019 Recording of Compromise between Parties in Appeal.

Green Avenue Homes and Gardens Vs 1) P. Rani Vellammal and 2) Bennett Property Holdings Company Limited
21.11.2019
18 6/2018 Property delivered on Compromise.

Rajendran Chingaravelu Vs Unitech Limited
03.12.2019
19 10/2020 Withdrawal of Appeal.

Amarprakash Property Management Services Pvt. Ltd., Vs Temple Waves all Blocks Flat Owners Welfare Association
06.01.2020
20 65/2019 Booking advance refunded by the Promoter to the Allottee on compromise.

SPR Construction Private Ltd., Vs Pawan Kumar Gupta
23.01.2020
21 7/2019 The end product namely The Flat is a usable commodity and a Completion Certificate alone is not sufficient to construe as a usable commodity.

Pacifica (Chennai Project) Infrastructure Pvt. Ltd., and Sylvanus Builders & Developers Ltd., Vs 1) C.R. Chenthirkumaran and 2) C. Dhanalakshmi
27.01.2020
22 60/2019 The special Act RERA empowers a party to deal with the dispute in a particular manner. Such disputes can only be dealt under the special Act namely under RERA and not by the arbitration clause.

T.K. Housing & Constructions Vs 1) B. Geethapriya and 2) Arivazhagan Murthy
30.01.2020
23 57/2019 Marketing Agent is also liable to the Home Buyers for the activities of the developer in performing his duties or obligations.

Benett Property Holdings Company Limited Vs 1) P. Rani Vellammal and 2) Green Avenue Homes & Gardens
10.02.2020
24 62/2019 and 63/2019 The Real Estate Regulatory Authority has got power to deal with facts of each case whilst discharging its obligation in implementing the provisions of RERA in letter and spirit.

Alliance Mall Developers Co. Pvt. Ltd., Vs Tamil Nadu Real Estate Regulatory Authority (TNRERA)
10.02.2020
25 11/2020 Non-transparency in allotment of flats coupled with Reserved Car Park by the Promoter against Approved Building Plan is not permissible under RERA.

T. Aananthi Vs 1) G.K.S. Technology Park Ltd., 2) Suresh Vaidyanathan and 3) Paranthaman Shanmugam
10.02.2020
26 34/2020 Withdrawal of Appeal by complying the order of the Regulatory Authority.

Phoenix Serene Spaces Pvt. Ltd., Vs Tamil Nadu Real Estate Regulatory Authority (TNRERA)
20.02.2020
27 64/2019 Claim of Interest and Compensation after getting refund negatived on the ground of principles of waiver.

1) S. Dominic Savio and 2) D. Clotine Marie Vs Phoenix Serene Spaces Pvt. Ltd.,
28.02.2020
28 43/2020 Withdrawal of appeal permissible under the ground of petition to set aside Ex-parte order not permissible.

Phoenix Serene Spaces Pvt. Ltd., Vs 1) K.M. Karthisanker and 2) G. Nirmala
02.03.2020
29 42/2020 Claim of Promoter to cross-examine Allottee negatived.

Sathyam Homes Pvt. Ltd., Vs M. Gopalakrishnan
12.03.2020
30 28/2020 Non-Compliance of Section 43(5) of TNRERA Act leads to rejection of Appeal.

1) MCB Developers and 2) MCB Aassetz Vs 1) Jatin M. Kikani and 2) Aastha Homes
16.03.2020
31 33/2020 Non-Compliance of Section 43(5) of TNRERA Act leads to rejection of Appeal.

1) Sylvanus Builders and Developers Limited and 2) Pacifica (Chennai Project) Infrastructure Co. Pvt. Ltd., Vs K. Srikar Reddy
16.03.2020
32 13/2019 to 52/2019 A person who acts himself as a builder or claims to be act as a holder of Power of Attorney, from the Owner of the Land, of which the Building or Apartment is constructed for sale is also a Promoter under the RERA Act.

S. Jayalakshmi, Proprietrix, Lakshmi Builders Vs D. Prabhanandan and 39 Others
18.03.2020
33 74/2019 Delay Condonation.

Alliance Villas Private Limited Vs Rajesh
24.03.2020
34 70/2019 Maintainability of Complaint under Rule 2(h)(ii) of Tamil Nadu Real Estate Rules, 2017.

1) Devinarayan Housing Board and Property Developments Pvt. Ltd., 2) N. Nandakumar and 3) V. Srinivasan Vs 1) Manu Karan and 2) Archana Karan
22.05.2020
35 39/2020 Maintainability of Complaint under Rule 2(h)(ii) of Tamil Nadu Real Estate Rules, 2017.

1) Manu Karan and 2) Archana Karan Vs 1) Devinarayan Housing Board and Property Developments Pvt. Ltd., 2) N. Nandakumar and 3) V. Srinivasan
22.05.2020
36 76/2019 Without entering into written agreement receipt of advance amount amounts to violation of RERA Act.

Casa Grande Civil Engineering Pvt. Ltd., Vs 1) P. Govindaraj and 2) Deeparaj
26.08.2020
37 66/2019 Compromise.

1) Ozone Projects Private Limited and 2) Managing Director, Ozone Projects Private Limited Vs 1) Abhishek Agarwal, 2) Suman Agarwal and 3) Ved Prakash Agarwal
02.09.2020
38 58/2019 The responsibility of promoter regarding structural defect or any other defect shall continue beyond the conveyance deed of all flats.

Sare Squires Vs 1) Sare Shelters Project Pvt. Ltd., and 2) Dewy Terraces (Phase I) Flat Owners' Welfare Association
09.09.2020
39 67/2019 Development of Real Estate Project more than 8 flats liable for registration under RERA.

1) K.S. Prateep Kumar and 2) Srividhya Vs 1) S. Elayaraja and 2) S. Sivaraj
09.09.2020
40 71/2019 to 73/2019 Seeking amendment to Development Agreement by the developer for the abandoned project is not permissible.

1) Sarojam Gopinathan and 2) Col. Sanath Gopinath Vs 1) V.S. Srikumar and 2) V.S. Sriram
23.09.2020
41 40/2020 Admissibility of Appeal.

1) Sethu Ragu Raman and 2) Sathiyapriya Vs 1) XS Real Properties Private Limited, 2) Prabakaran Muneeswaran Subrayalu and 3) The Deputy Director, Directorate of Town and Country Planning, Gokulapuram, Chengalpattu
23.09.2020
42 M.A. No.93/2020 in Appeal No. 52 of 2020 Stay.

Evita Constructions Private Limited and Lucifer Constructions Private Limited Vs Bhoomijha Murali and K.V. Murali
29.10.2020
43 47/2020 Mere claiming of compensation by the Homebuyer against Promoter is not sufficient. Granting of just compensation only subject to proof.

1) SP. Arulappaa and 2) G. Premalatha Vs A.N. Builders
04.11.2020
44 75/2019 Handing over of possession and completion certificate alone are not sufficient to decide maintainability of the complaint before the Regulatory Authority.

Olympia Grande Apartment Owner's Welfare Association Vs KSM Nirman Private Limited
09.11.2020
45 44/2020 The plea of the promoter that “Brochure mentioned amenities are not Guarantee” is not sustainable.

Dhanaas Property Developers Vs Vrikshaa Vassees Welfare Association
09.11.2020
46 M.A. No.92/2020 in Appeal No. 44 of 2020 Reception of Additional Evidence.

Dhanaas Property Developers Vs Vrikshaa Vassees Welfare Association
09.11.2020
Last Updated on 10.11.2020