Tamil Nadu Tribunal Orders Hiranandani Realtors to Register Entire Township Project under RERA
The Tamil Nadu Real Estate Appellate Tribunal, chaired by Justice M. Duraiswamy and including R. Padmanabhan as a Judicial
Tamil Nadu Tribunal Orders Hiranandani Realtors to Register Entire Township Project under RERA
The Tamil Nadu Real Estate Appellate Tribunal, chaired by Justice M. Duraiswamy and including R. Padmanabhan as a Judicial Member, has issued a significant ruling against Hiranandani Realtors concerning their Township project.
The Tribunal has mandated that the entire Township project, encompassing numerous high-rise buildings, be registered under The Real Estate Regulatory Authority (RERA) as a single entity. Additionally, the Tribunal has directed Hiranandani Realtors to refund 70 per cent of the total corpus fund and surrender all relevant documentation regarding the township project to the allottees association.
Hiranandani Realtors, the appellant, is the developer behind the House of Hiranandani Township project. The project's Phase I, comprising six residential towers, has been completed, while Phase II, which includes seven residential towers, is still underway, with one tower named Amalfi Tower.
Construction on the Township Project commenced in 2012, predating the implementation of RERA 2016, thereby classifying it as an ongoing project. However, instead of registering the entire township project as a unified entity under RERA, the appellant only registered three towers of Phase II (Amalfi, Anchorage, and Tiana).
The respondents, representing the association of allottees of the Amalfi Tower, filed complaints with the Tamil Nadu Real Estate Regulatory Authority (TNRERA) concerning various issues, including documentation, corpus fund management, infrastructure and amenities.
TNRERA, through an order dated December 21, 2022, directed the Promoter Hiranandani Realtors to address pending documentation, facilitate corpus fund transfers, resolve structural issues, and ensure compliance with approved plans.
The Tribunal dismissed the appellant's appeal and upheld TNRERA's order, emphasising the integration of all phases of the Township Project under RERA registration.
The Tribunal mandated the return of 70 per cent of the Township corpus fund, in accordance with contractual agreements, to the allottees association. The remaining 30 per cent of the corpus fund will be retained by the appellant until project completion.
Regarding documentation, the Tribunal ruled that all project-related documents must be provided to the Respondent Association, highlighting the interconnected nature of the Amalfi tower with the entire Township project.
Furthermore, the Tribunal upheld TNRERA's directives regarding civil repairs, CCTV installations, and car parking.