Promoter told to pay Rs 2 lakh for car park goof-up
Gorantla Geosynthetics Private Limited represented by Praveen Kumar booked two apartments with internal access in a project developed by Akshaya Signature Homes Private Limited
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CHENNAI: A building promoter, who allocated the same car parking space at an apartment building premises to two different homebuyers ‘by mistake’, was directed to pay Rs 2 lakh fine by the Tamil Nadu Real Estate Appellate Tribunal (TNREAT).
Gorantla Geosynthetics Private Limited represented by Praveen Kumar booked two apartments with internal access in a project developed by Akshaya Signature Homes Private Limited in Nungambakkam. Other homebuyers, S Seshadri and S Chandrika, also purchased an apartment in the project.
At the time of execution of the sale agreement, Seshadri and Chandrika were allocated one car park at the lower basement level.
Meanwhile, as the construction progressed, the vacant space beneath the ramp between the lower basement and the upper basement was converted into lumber rooms. There was no proposal to construct a lumber room as per the original plan.
The first homebuyer was allocated four car parks – two in the upper basement and two in the lower basement. He also purchased a lumber room in the lower basement, and also wanted to have their two car parks in the lower basement adjacent to the lumber room.
It was only when the construction reached the final stage that it was noticed that the car park near the lumber room was already allotted to second homebuyers. Attempts to arrive at a compromise by exchanging car parks failed as the latter were not willing to accept any other alternative space even in the upper basement.
After hearing both sides, the Tamil Nadu Real Estate Regulatory Authority (TNRERA) held that the promoter was responsible for misrepresentation of facts and imposed a penalty of Rs 2 lakh. But the promoter preferred an appeal before the tribunal.
Admitting the mistake, the promoter said it was purely due to the misconception of facts by its employees. The tribunal comprising Justice M Duraiswamy and R Padmanabhan (judicial member) observed that the employer is responsible for the mistake committed by its employees. Upholding the order issued by TNRERA, it ordered the remittance of the penalty amount.
