This second appeal challenged the confirmation of an order awarding compensation for delay in handing over a flat. The Court found significant delay and held the quantum awarded by the Tribunal was reasonable.
Appeal dismissed; compensation of Rs.5,00,000/- confirmed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.S.A.No.95 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2025
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE SHAMIM AHMED
C.M.S.A.No.95 of 2025 and
C.M.P.No.30899 of 2025
North Town Estates Private Limited, Represented by its Director, Having registered office at No.3, Ganapathy Colony, 3rd Street, off. Cenothaph Road, Teynampet, Chennai – 600 018.
... Appellant
(Cause title accepted vide Court order dated 14.10.2025 made in C.M.P.No.24029 of 2025 in C.M.S.A.SR.No.149420 of 2025 by RSKJ & HCJ)
-Vs-
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C.M.S.A.No.95 of 2025 PRAYER : Appeal filed under Section 100 of Civil Procedure Code, 1908 & Section 58 of the Real Estate (Regulation and Development) Act, 2016 against the Final Order dated 26.03.2025 passed by the Hon’ble Tamil Nadu Real Estate Appellate Tribunal (TNREAT) in A.No.17 of 2025 (impugned order) confirming the order dated 01.10.2024 passed by the Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority (TNRERA) in C.C.P.No.77 of 2023 (RERA Order).
For Appellant : Mr.M.S.Murali for M/s.R and P Partners
For Respondents : Mr.R.Ramasubramaniam Raja for R1 & R2
J U D G M E N T
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This civil miscellaneous second appeal has been directed against the order passed by the Tamil Nadu Real Estate Appellate Tribunal dated 26.03.2025 in Appeal No.17 of 2015.
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C.M.S.A.No.95 of 2025 3. However, within the said three years period, it was not over and again,
an additional agreement has been made in the year 2013, i.e., on 12.07.2013, by virtue of that, the period has been extended to hand over the flat upto 12.01.2017.
parking, the respondents 1 & 2 approached The Tamil Nadu Real Estate Regulatory Authority (hereinafter referred to as ‘TNRERA’) and filed a complaint in C.C.P.No.77 of 2023 that was ordered by TNRERA by order dated 01.10.2024 where the present appellant was the first respondent directed to pay a compensation of Rs.5,00,000/- to the complainants for the mental agony and hardship and Rs.50,000/- towards litigation expenses and this amount should be paid within ninety days.
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C.M.S.A.No.95 of 2025 (hereinafter referred to as ‘TNREAT’) where also the Tribunal having
considered the factual matrix found the issue in favour of the respondents 1 & 2 and therefore, was inclined to reject the appeal by passing the impugned order dated 26.03.2025.
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C.M.S.A.No.95 of 2025 8. He would also made additional submissions that for the said delay
caused allegedly by the builder, the allottees, i.e., the complainants / respondents 1 & 2 have also initiated yet another proceedings seeking for interest for money that they have deposited and such proceedings even though is pending before the concerned authority, i.e., TNRERA, there may be every possibility that, in that proceedings, TNRERA may follow the earlier view taken in the present case where it found, of course erroneously, the delay was merely about five years and based on which, if interest is calculated and directed to be paid for five years that will greatly prejudice the interest of the appellant is the additional submission made in this regard.
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C.M.S.A.No.95 of 2025 on or before 12.01.2017, they ought to have completed the project and handed
over the same to the respondents 1 & 2, but they have admittedly handed over only in September 2019 and admittedly they handed over the car parking only in September 2022, therefore there is clear delay of five years between 12.01.2017 and 16.09.2022, hence nothing wrong in making the claim of delay of five years for which the interest has been calculated and sought for by the respondents 1 & 2 is fully justifiable, he contended.
there has been a delay of more than two years. That apart, only the flat was
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C.M.S.A.No.95 of 2025 made ready in 2019, but the car parking admittedly was ready and handed over
only in September 2022. The car parking also is part of the construction of the flat for which also the money has been paid in advance by the allottees i.e., respondents 1 & 2, the entirety of the construction should have been completed and handed over on or before 12.01.2017, but part of the construction was over and handed over in September, 2019 and remaining part was completed and handed over only in September 2022, therefore there is clear delay of five years.
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C.M.S.A.No.95 of 2025 impugned herein, as a result of which, this Civil Miscellaneous Second Appeal fails and hence, it is liable to be dismissed, accordingly, it is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(R.S.K., J.) ( S.S.A., J.) 18.12.2025
NCC : Yes / No Index : Yes / No Speaking Order : Yes / No
vji
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C.M.S.A.No.95 of 2025
To
North Town Estates Private Limited, Having registered office at No.3, Ganapathy Colony,
3rd Street, off. Cenothaph Road, Teynampet, Chennai – 600 018.
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C.M.S.A.No.95 of 2025
R.SURESH KUMAR, J. and SHAMIM AHMED, J.
vji
C.M.S.A.No.95 of 2025 and C.M.P.No.30899 of 2025
18.12.2025
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2 issues framed by the court
Whether the compensation of Rs.5,00,000/- awarded for delay in handing over the flat should be accepted.
Whether the quantification of litigation expenses at Rs.50,000/- made by the Tribunal is reasonable.
2 provisions across 2 enactments
North Town Estates Private Limited
Hariharan Ekambaram
Anuradha Hariharan
PVP Ventures Limited
R SURESH KUMAR
SHAMIM AHMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
