Real estate tribunal sets aside TNRERA’s order

CHENNAI: Observing that the Tamil Nadu Real Estate Regulatory Authority (TNRERA) has not given an opportunity of hearing the apartment owners’ association before passing the order, Tamil Nadu Real Estate Appellate Tribunal (TNREAT) set aside the judgment.

Serene Kshetra Owners’ Association, an association of homebuyers, filed a complaint with TNRERA seeking direction to complete all the unfinished works in the project. In July 2021, the TNRERA directed to complete all the pending amenities on or before March 2022.

Since the respondent failed to comply with the orders TNRERA, the association filed an execution petition to execute the order. After the execution petition was reserved for orders, the promoter filed a compliance report in December 2022 stating that they have complied with the orders and took a stand that they have not promised to provide solar water heater systems in individual units, amphitheatre and ATM in the premises.

Taking the statements made in the compliance report, TNRERA disposed of the petition finding that the promoter had complied with the order in entirety.

Aggrieved, the association preferred an appeal with TNREAT saying that no notice was served to them prior to the filing of the compliance report. The association also pointed out that the authority had disposed of the execution petition without giving an opportunity of hearing.

Observing that there is nothing on record to establish that the matter was reopened after December 2022 for the purpose of receiving the compliance, the Tribunal said: “Since the owners’ association was not given an opportunity of hearing before the compliance report, more so after the execution petition was reserved for orders, it violates the principles of natural justice.”

While setting aside the TNRERA order of disposing the petition, the Tribunal remitted the matter back to it for fresh consideration.