Building plan shifts from 7 to 19 floors, TNRERA orders refund

In the complaint she lodged with regulatory authority, Dr Neela Kannan said she had booked an apartment with Selene Estate Limited in ‘Indiabulls Green’ project at Jalladianpet. The promoter assured that the apartment would be handed over in April 2015. Neela Kannan entered into an agreement in September 2013.

In July 2015, the complainant received intimation that a revised planning permission has been obtained from the Chennai Metropolitan Development Authority (CMDA) to increase the height to 19 floors from 7 floors. Kannan said she came to know that the promoter had applied for the revised planning permission as early as July 2012, prior to date of agreement. She alleged unfair trade practices and cancelled her booking, and sought the builder to refund the amount.

Hearing the plea, adjudicating officer G Saravanan observed that the complainant had booked the apartment and paid a sum of Rs 13,07,639 to the first respondent and as per the construction agreement. The latter assured to complete the construction and handover possession by April 2015. The total price of the apartment was Rs 65,58,114.

“The respondent got revised planning permission from 7 floors to 19 floors contrary to their assurances, and therefore, the complainant cancelled the booking and sought for refund the amount paid to the first respondent… the complainant is entitled for all the reliefs,” he said.

The promoter filed a memo stating that they found a prospective buyer for the disputed flat and undertook to refund within 30 days and pay loan outstanding availed by the complainant within 45 days.

Following this, TNRERA ordered the promoter to refund the booking amount of Rs 13,07,639 with interest, along with Rs 50,000 as compensation for mental agony and Rs 25,000 towards legal expenses.