Homebuyers can approach the Tamil Nadu Real Estate Regulatory Authority (TNRERA) to have their grievances redressed even if the projects concerned were constructed before the RERA Act, 2016, came into effect in the state, the authority has ruled.
The real estate act came into force in Tamil Nadu in 2017. In an order relating to a housing project that was to be completed before the Act was passed, adjudicating officer G Saravanan said the realty regulator gets jurisdiction over all the real estate projects eligible for registration under Section 3 of the RERA Act. “If the cause of action survives after coming into force of the RERA Act, TNRERA gets jurisdiction over all the disputes pertaining to the real estate projects,” the order said.
The complaint pertains to a housing project titled ‘Temple Waves’ at Kundrathur in the city suburbs, promoted by Amar Prakash Developers Pvt. Ltd. Two homebuyers have paid nearly ?40 lakh each for apartments in the project which had an initial deadline of November 2015. One of the complainants charged that the developer failed to handover the apartment by the date. The developer then assured to complete the project in 2017 and invited them for a final inspection in 2018. According to the complainant, many deficiencies were found in the apartments allotted to them and the defects were not rectified. The developer failed to handover possession of the flats and the complainants, who availed housing loans, sought refund of the paid amount.
The developer denied all the allegations, saying the construction of Block ‘D’, in which the said apartments were allotted to the complainants, was completed and completion certificate was received in 2016. Pointing out that TNRERA does not have jurisdiction to entertain the complaints, the promoter further charged that the complainants failed to adhere to the payment schedule as agreed by them. The timeframe stipulated in the agreement shall not be insisted or pressed into service by the complainants if there has been delay or default with respect to payment of dues as agreed by them, its representative argued.
Hearing both sides, TNRERA directed the developer to repay their payments made by each of the homebuyers with a compensation of Rs 2 lakh to each of them for causing mental agony and hardships to the complainants.
