Madras High Court
Casa Grand Builder Private Limited vs Rajan Amuthan on 25 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.S.A.Nos.39 & 40 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.SA.Nos.39 & 40 of 2022
and
C.M.P.Nos.8789 & 8967 of 2022
and
C.M.P.No.22311 of 2023
C.M.S.A.No.39 of 2022
Casa Grand Builder Private Limited
Represented by its Authorised Signatory
Mr.Mohan Raj ..Appellant
Vs.
1. Rajan Amuthan
2. R.Arulmozhi ..Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 58(1) of the
Real Estate (Regulation & Development) Act, 2016 against the order
dated 28.01.2022 passed by the learned Tamil Nadu Real Estate
Appellate Tribunal, Chennai in Appeal Number.144/2021 which was
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C.M.S.A.Nos.39 & 40 of 2022
filed on appeal against the order passed by the learned Adjudicating
Officer, TNRERA on 23.07.2021 in CCP.No.05/2020.
For Appellant : Mr.DLV Ganesh
M/s. Ganesh & Ganesh
For Respondents : Mr.C.A.Thiagarajan
C.M.S.A.No.40 of 2022
Casa Grand Builder Private Limited
Represented by its Authorised Signatory
Mr.Mohan Raj
New No.111, Old No.59, NPL Devi,
L.B.Road, Thiruvanmiyur,
Chennai - 600 041 ..Appellant
Vs.
Manikandan Nagarajan ..Respondent
Prayer:
Civil Miscellaneous Appeal filed under Section 58(1) of the
Real Estate (Regulation & Development) Act, 2016 against the order
dated 28.01.2022 passed by the learned Tamil Nadu Real Estate
Appellate Tribunal, Chennai in Appeal Number.143/2021 which was
filed on appeal against the order passed by the learned Adjudicating
Officer, TNRERA on 30.12.2020 in CCP.No.53/2020
For Appellant : Mr.DLV Ganesh
M/s. Ganesh & Ganesh
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C.M.S.A.Nos.39 & 40 of 2022
For Respondents : Mr.V.S.Senthil Kumar
JUDGMENT
(The order of the Court was made by Mrs.J.Nisha Banu,J.)
Both these appeals have been filed challenging the orders dated
28.01.2022 made in A.No.144/2021 and A.No.143/2021 respectively
passed by the Tamil Nadu Real Estate Appellate Tribunal (TNREAT)
dismissing the applications for non-compliance of the order under
Section 43(5) of Real Estate (Regulation and Development) Act.
2. Insofar as Appeal in CMSA.No.39 of 2023 is concerned, the
Adjudicating Officer directed the promoter to refund Rs.1,77,05,071 with
interest at the rate of 10.25% from the date of respective payment till
repayment. The Adjudicating Officer also awarded Rs.5,00,000/- towards
mental agony and inconvenience and awarded a sum of Rs.50,000/-
towards litigation expenses. Against which, an appeal along with waiver
application was filed. Since the conditional order has not been complied
with, the Appellate Authority, dismissed the appeal for non-payment of
the amount as ordered by the Tribunal.
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C.M.S.A.Nos.39 & 40 of 2022
3. Insofar as Appeal in CMSA.No.40 of 2023 is concerned, the
Adjudicating Officer directed the promoter to pay the delay
compensation by way of interest at the rate of 10.05% on
Rs.1,66,61,350/- from December 2018 till the date of delivery i.e.,
16.11.2019. The Adjudicating Officer also awarded Rs.1,00,000/-
towards mental agony and inconvenience and awarded a sum of
Rs.25,000/- towards litigation expenses. Against which, an appeal along
with waiver application was filed. Since the conditional order has not
been complied with, the Appellate Authority, dismissed the appeal for
non-compliance of the order under Section 43(5) of the said Act.
4. When CMSA.No.39 of 2022 was taken up for hearing on
13.02.2023, this Court granted conditional order of interim stay as
follows:
"This court, upon considering the facts and
circumstances of the case coupled with the
submissions made by the learned counsel on either
side, more particularly that the appeal filed by the
appellant was dismissed for non-deposit of 100%
of the amount ordered by the Adjudicating Officer,
and not on merits, and that, the appellant only
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C.M.S.A.Nos.39 & 40 of 2022
sought time for complying with the conditional
order of the Appellate Tribunal, is inclined to
grant an order of interim stay on condition to
deposit a sum of Rs.2.80 crores by the appellant to
the credit of CCP No.5 of 2020 on the file of the
Tamil Nadu Real Estate Regulatory Authority,
Chennai, within a period of four weeks from
today."
5. In CMSA.No.40 of 2022, this Court granted conditional order
of interim stay dated 13.02.2023 as follows:
"This court, upon considering the facts and
circumstances of the case coupled with the
submissions made by the learned counsel on
either side, more particularly that the appeal filed
by the appellant was dismissed for non-deposit of
100% of the amount ordered by the Adjudicating
Officer, and not on merits, and that, the appellant
only sought time for complying with the
conditional order of the Appellate Tribunal, is
inclined to grant an order of interim stay on
condition to deposit a sum of Rs.17 lakhs by the
appellant to the credit of CCP No.53 of 2020 on
the file of the Tamil Nadu Real Estate Regulatory
Authority, Chennai, within a period of four weeks
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C.M.S.A.Nos.39 & 40 of 2022
from today."
6. Today, when both the appeals are taken up for hearing, the
learned counsel for the appellant would state that the conditional orders
granted by this Court on 13.02.2023 had been complied with and a sum
of Rs.2,80,00,000/- as ordered by this Court had been deposited to the
credit of CCP.No.5 of 2020 and a sum of Rs.17,00,000/- as ordered by
this Court had been deposited to the credit of CCP.No.53 of 2020 vide
two Demand Drafts dated 13.03.2023 bearing Nos.51775 and 51774
respectively drawn on ICICI Bank. Learned counsel for the appellant has
also filed a common memo dated 13.03.2023 to that effect. Though a
copy of the Demand Draft for payment of Rs.2,80,00,000/- was enclosed
along with the common memo, a copy of the demand draft for payment
of Rs.17,00,000/- was not enclosed but was ascertained that 17,00,000/-
was deposited which was disputed by the respondents. The common
memo filed by the learned counsel for the appellant is recorded.
7. Since the amount had been deposited by the appellant as per the
interim order dated 13.02.2023 passed by this Court, we are of the view
that the orders passed by the Appellate Authority have to be set aside.
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C.M.S.A.Nos.39 & 40 of 2022
Therefore, the orders passed by the Appellate Tribunal dated 28.01.2022
in Appeal No.144/2021 and dated 28.01.2022 in Appeal No.143/2021
are set aside and the matter is remitted back to the Appellate Tribunal to
pass orders afresh, on merits and in accordance with law, within a period
of ten weeks from the date of receipt of a copy of this judgment.
Accordingly, both the Appeals are disposed of. No costs. Consequently,
connected miscellaneous petitions are closed.
(J.N.B,J.) (R.K.M., J.)
Index : Yes / No 25.10.2024
Internet : Yes
vsi
To
1. The Tamil Nadu Real Estate Appellate Tribunal,
Chennai.
2. The Adjudicating Officer,
Tamil Nadu Real Estate REgulatory Authority,
Chennai
J. NISHA BANU, J.
and
R.KALAIMATHI,J.
vsi
https://www.mhc.tn.gov.in/judis
C.M.S.A.Nos.39 & 40 of 2022
25.10.2024
https://www.mhc.tn.gov.in/judis
