Amenities promised for one project cannot be shared, says TNREAT

Anjali Iyer, a home buyer, had bought a villa from the promoter Ananya Shelters Private Limited in a project in Coimbatore. The promoter had also registered another project nearby and had promised temple, indoor games and shuttle court, gym, swimming pool and other facilities. But the approved plan of the new project did not indicate those facilities, the complainant contended.

She also alleged that the promoter demolished a compound wall to annex the new project with an intention to share the common amenities with the new project.

However, the Tamil Nadu Real Estate Regulatory Authority (TNRERA) disposed of the complaint and directed the complainant to seek appropriate civil remedy. But the complainant preferred an appeal in front of TNREAT.

Hearing the appeal, the TNREAT set aside the TNRERA order and issued an order restricting the promoter from marketing the common amenities and facilities of the original project. The promoter was restrained from damaging the walls being part of the development. The promoter should restore the compound wall to its original features at his own expense within 15 days.