‘No two legal proceedings’: TNREAT allows promoter’s appeal

Homebuyer A Ramalingam filed a complaint before the adjudicating officer of Tamil Nadu Real Estate Regulatory Authority (TNRERA) saying he and another person owning a land in Arumbakkam agreement with the promoter to develop the land.
Representative image
Representative image

CHENNAI: Giving respite to a promoter, the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) has allowed an appeal from a promoter by observing that homebuyers cannot have two legal proceedings before two different forums on same issue.

Homebuyer A Ramalingam filed a complaint before the adjudicating officer of Tamil Nadu Real Estate Regulatory Authority (TNRERA) saying he and another person owning a land in Arumbakkam agreement with the promoter to develop the land.

As per the agreement in November 2013, Ramalingam should be alloted 1,464 sqft of built-up area and 702 sqft of undivided share of land. The promoter agreed to complete the project in 12 months from the date of availing planning permission. Even though, the permission was availed in 2015, the project was completed after 5 years forcing the homebuyer to prefer a complaint.

The complainant filed a petition with the district consumer forum in 2016 but the complaint was dismissed. The complainant filed an appeal in the state consumer dispute reddressal commission. Without withdrawing the complaint from the commission, the complaint filed complaint with TNRERA, the promoter pointed out in his response.

Hearing the sides, the TNRERA directed the promoter to hand over the flat and pay payments made by the buyer towards electricity connection, Metro water connection and others.

Aggrieved by the order, the promoter approached the Tribunal pointing out pending complaint in Consumer reddressal commission.

After hearing both the sides administrative member Leena Nair and judicial member R Padmanabhan, have invoked a Supreme Court order that stated that after the coming into force of the Real Estate (Regulation and Development) Act, 2016 when to concurrent remedies are available, and aggrieved party crosses to exercise one, he loses the right to simultaneously exercise the other for the same cause of action.

Following this, the Tribunal allowed the appeal filed by the promoter.

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