Real estate tribunal condones delay, orders appellant to pay to CM’s Fund

In an interesting judgment, the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) has condoned the delay of filing an appeal and ordered the appellant to deposit Rs 10,000 to the Chief Minister’s Relief Fund to fight COVID-19.

“This Tribunal concludes that it is just and fair to allow the petition and to condone the delay of 304 days impose a cost of Rs 10,000 to be paid by the applicant to the account of the CM’s Relief Fund for corona,” Justice B Rajendran, chairman of the Tribunal ordered.

The appellant, Sare Realty Projects Pvt Ltd, was in talks with homebuyer PB Ajith Kumar to settle the issue that arose between them after the former failed to hand over the property in time.

However, as the settlement talks saw no improvement, the builder preferred to file an appeal but the filing process could not be pursued effectively on account of lockdown, closure of officers and courts and travel restrictions. The builder requested the Tribunal to condone the delay.

The homebuyer had booked a residential villa with the builder near Singaperumal Koil and entered an agreement in October 2014. As per the agreement, the villa was to be completed and handed over on or before December 2014. The total sale consideration of the villa is Rs 47.23 lakh and the buyer paid Rs 44.94 lakh.

As there was no commencement of work in the site till December 2014, the Tamil Nadu Real Estate Regulatory Authority (TNRERA), hearing the petitioner, ordered the builder to refund and pay compensation in September 2019.