Pulling up the Chennai Metropolitan Development Authority (CMDA) for failing to check a building violation, the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) has directed the planning authority to act against the promoter of the building.
T Aananthi, a homebuyer, had filed an appeal with the tribunal seeking action against GKS Technology Park Limited and two others, alleging that GKS allotted her car parking space to another home buyer. She had booked an apartment in a real estate project in Anna Nagar developed by GKS. She also mentioned that the promoter had increased the number of car parking lots to 152 from the approved 109. Hearing a plea, TNREAT chairman B Rajendran, and members N Balasubramanian and Leena Nair directed the promoter to re-allot the parking immediately just below the complainant’s flat, which is now occupied by another homebuyer, who is one of the respondents.
The tribunal also entitled the other homebuyer with another car parking space and permitted him to claim any relief against the builder for shifting his car parking space.
While delivering the judgment, the tribunal, observed that the builder violated the approved plan and created extra car parking space to sell them at exorbitant rates. It asked CMDA the reason for not taking necessary action against the promoter for violating rules.
“In this connection, we direct the CMDA to take necessary action under relevant provisions of law for all the violations done, including exceeding the number of car parking lots, as per the approved plan and selling the same to the parties. The CMDA is directed to file a report of the action taken within four months,” the judgment said.