TN RERA to resolve complaints against projects made before 2016

13 Oct 2021 CW Team

The real estate act made its foray into Tamil Nadu in 2017. In an order concerning a home project that was to be built before the Act came into force, adjudicating officer G Saravanan told the media that the realty regulator receives jurisdiction over all the real estate projects qualified for registration under Section 3 of the RERA Act.

According to the order, if the cause of action lasts after coming into force of the RERA Act, TNRERA receives jurisdiction over all the issues concerning the real estate projects.

The grievance concerns a housing project named ‘Temple Waves’ at Kundrathur in the city suburbs, supported by AmarPrakash Developers Private Limited Two homebuyers have spent approximately Rs 40 lakh each for homes in the project, which had an initial deadline of November 2015.

One of the complainants imposed that the developer failed to hand over the flat by the date. The developer then guaranteed to achieve the project in 2017 and called them for a final inspection in 2018. As per the complainant, many defects were observed in the apartments allocated to them, and the deficiencies were not corrected. The developer failed to hand over ownership of the apartments and the complainants, who availed housing loans, asked for a refund of the given amount.

The developer refused all the charges, saying the development of Block ‘D’, in which the said flats were assigned to the complainants, was built and a completion certificate was obtained in 2016. Pointing out that TNRERA does not have jurisdiction to consider the complaints, the promoter additionally charged that the complainants failed to adhere to the payment schedule as agreed by them.

The timeframe specified in the contract shall not be insisted or pressed into service by the complainants if there has been obstruction or default concerning payment of dues as accepted by them, its representative argued.

Hearing both sides, TNRERA ordered the developer to refund their payments made by all the homebuyers with a compensation of Rs 2 lakh to all of them for generating mental pain and difficulties to the complainants.

Image Source

Also read: UP RERA recovers Rs 150 cr against 1,000 recovery certificates

Homebuyers of housing projects can address the Tamil Nadu Real Estate Regulatory Authority (TNRERA) to have their complaints resolved even if the concerned projects were built before the RERA Act, 2016, came into effect in the state, the authority has ordered. The real estate act made its foray into Tamil Nadu in 2017. In an order concerning a home project that was to be built before the Act came into force, adjudicating officer G Saravanan told the media that the realty regulator receives jurisdiction over all the real estate projects qualified for registration under Section 3 of the RERA Act. According to the order, if the cause of action lasts after coming into force of the RERA Act, TNRERA receives jurisdiction over all the issues concerning the real estate projects. The grievance concerns a housing project named ‘Temple Waves’ at Kundrathur in the city suburbs, supported by AmarPrakash Developers Private Limited Two homebuyers have spent approximately Rs 40 lakh each for homes in the project, which had an initial deadline of November 2015. One of the complainants imposed that the developer failed to hand over the flat by the date. The developer then guaranteed to achieve the project in 2017 and called them for a final inspection in 2018. As per the complainant, many defects were observed in the apartments allocated to them, and the deficiencies were not corrected. The developer failed to hand over ownership of the apartments and the complainants, who availed housing loans, asked for a refund of the given amount. The developer refused all the charges, saying the development of Block ‘D’, in which the said flats were assigned to the complainants, was built and a completion certificate was obtained in 2016. Pointing out that TNRERA does not have jurisdiction to consider the complaints, the promoter additionally charged that the complainants failed to adhere to the payment schedule as agreed by them. The timeframe specified in the contract shall not be insisted or pressed into service by the complainants if there has been obstruction or default concerning payment of dues as accepted by them, its representative argued. Hearing both sides, TNRERA ordered the developer to refund their payments made by all the homebuyers with a compensation of Rs 2 lakh to all of them for generating mental pain and difficulties to the complainants. Image SourceAlso read: UP RERA recovers Rs 150 cr against 1,000 recovery certificates

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