TNREAT orders promoter to pay Rs. 2 lakh for car park goof-up
Homebuyer Gorantla Geosynthetics Private Limited represented by Praveen Kumar booked two flats with internal access in a project developed by Akshaya Signature Homes Private Limited.
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CHENNAI: Tamil Nadu Real Estate Appellate Tribunal (TNREAT) has ordered a promoter to pay Rs. 2 lakh penalty for allocating the same car parking space in an apartment building to two different home buyers by "mistake".
Homebuyer Gorantla Geosynthetics Private Limited represented by Praveen Kumar booked two flats with internal access in a project developed by Akshaya Signature Homes Private Limited in Nungambakkam.
Other homebuyers S Seshadri and S Chandrika also purchased a flat in the project.
At the time of execution of sale agreement, Seshadri and Chandrika have been allocated one car park at the lower basement level. When the construction was started, there was no proposal to construct a lumber room. As the construction progressed, the vacant space beneath the ramp between the lower basement and the upper basement was converted into lumber rooms.
The first homebuyer was allocated four car parks - two in the upper basement and two in lower basement and he purchased a lumber room in the lower basement.
He also wanted to have their 2 car parks in the lower basement adjacent to the lumber room.
When the construction reached the final stage, it was noticed that the car park near the lumber room was already allotted to second homebuyers.
Attempts to compromise the issue by exchanging car parks failed as the second homebuyers were not willing to take any other alternative car park even in the upper basement.
After hearing the sides, the Tamil Nadu Real Estate Regulatory Authority (TNRERA) held that the promoter was responsible for misrepresentation of the facts and imposed a penalty of Rs.2 lakh. But the promoter preferred appeal in front of the Tribunal.
The promoter admitted that the mistake was committed purely due to misconception of facts by their employees and the employer is responsible for the mistake committed by their employees, the Tribunal observed.
Tribunal comprising Justice M Duraiswamy and R Padmanabhan (judicial member) upheld the order issued by TNRERA and ordered the remittance of the penalty amount.
