IN THE HIGH COURT OF JUDICATURE AT MADRAS

Appellate Jurisdiction

CMP No. of 2021

IN

CMP No.21692 of 2021

IN

C.M.S.A NO 87 OF 2021

Mrs.V.Sangeetha,
Plot No.66, F2, Saibaba Enclave,
Mohammed Husain colony, Kolathur,
Chennai-600 099. … Petitioner/Respondent

Vs

M/s.Casa Grand Builder Private Limited,

NPC Devi, 5th Floor,
111/59, LB Road, Thiruvanmiyur,
Chennai-600 041 … Appellant/Respondent

Petition U/S 39, R.4 and u/s 151 of C.P.C To vacate the Stay

For the reasons stated in the accompanying affidavit, It is Prayed before this
Hon’ble court may be pleased to vacate the stay order passed on 20.01.2022 in
C.M.S.A 87 0F 2021 WITH C.M.P NO 21692 of 2021 and thus render Justice

Dated at Chennai on this 24th day February 2022

Counsel for Petitioner/respondent

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
Appellate Jurisdiction

CMP No. of 2021

IN

CMP No.21692 of 2021

IN

C.M.S.A NO 87 OF 2021

Mrs.V.Sangeetha,
Plot No.66, F2, Saibaba Enclave,
Mohammed Husain colony, Kolathur,
Chennai-600 099. … Petitioner/Respondent

Vs

M/s.Casa Grand Builder Private Limited,

NPC Devi, 5th Floor,
111/59, LB Road, Thiruvanmiyur,
Chennai-600 041 … Appellant/Respondent

AFFIDAVIT OF THE PETITIONER

I, V. Sangeetha wife of S. Satheesh Kumar aged about 35 years residing at F2

Plot No 66 , Sai Baba Enclave, MD Hussain Colony , Kolathur ,Chennai
600099,do hereby solemnly affirm and state as follows

1.I am the petitioner herein, respondent in the above C.M.S.A 87 of 2021 and
as such I am well acquainted with the facts of the Case.

2.I state that the appellant obtained a stay order for operation and execution
of order passed by TNRERA in C.No 436 Dated 27 Feb 2020 and confirmed
by TNREAT in first Appeal A.NO 46/2020 from this Honorable court on
20.01.2022 in C.M.P NO 21692 OF 2021 in C.M.S.A NO 87 of 2021.
3.I state that I have booked the villa in the appellant Group development Villa
and Row house Township project named and marketed as Bloom
Thirumidivakam on 27.08.2018 by paying 100% upfront payment against the
appellant false Promise to completion of villa and handing over along with all
other common Amenities on or before April 2019.

4.I state that the appellant unilaterally changed the date of completion to
August 2019 while registering the Construction agreement and sale deed of
land in October 2018.

5.I state that the appellant miserably failed and committed a breach of
contract to deliver the Villa as Promised during booking and even on August
2019 as revised unilaterally by appellant.

6.I state that the appellant evasive answers towards villa completion and
handover with completion certificate as stipulated in approval conditions
Building Plan Approval, I was forced to complaint about the appellant illegality
towards false projections and other Misrepresentations in getting the approval
of such a massive building villa township Project as Layout to contravene the
vital legal compliances such Prior Environmental clearance , Registering the
Project as Group development Building Project with TNRERA.

7.I state that after the due consideration of all facts complaint and prayers by
Authority along with Technical and Judicial Members TNRERA passed an
order with several directions which included cancellation of 3 phase Project
registration as Layout and Penalty imposition of Rs 40 Lakhs to Appellant.

8.I state the total construction area of this Group Development villa and Row
house Project Bloom Thirumudivakkam including all common amenities like
club house ,Swimming pool ,Theater is more than 25000 square meters
against the Prior Environmental Clearance Prescribed 20000 Square meter of
construction Area.

9.I state that out of Various directions by TNRERA Authority some of the
directions like handing over of villa before 31.03.2020 was based on the
appellant very own unconditional undertaking to handover the villa by due
completion and due compliance by 31.01.2020, but till this date appellant not
honoured his un conditional undertaking of his Pleadings before Authority.
10. I state that the appellant filed the first Appeal before Hon’ble TNREAT on
only very limited grounds or in other words only against the directions to
register the Project as Group Development and penalty imposition. And again
appellant took an undertaking before TNREAT in their Pleadings to respect
the other directions of TNRERA like handing over of villa and return of
Excessively collected Amount for shortage of land and building Areas.

11.I state the appellant shown scant respect to honour his very own
undertakings of pleadings before Hon’ble TNRERA and TNREAT and till this
date not handed over the Villa nor the Excessive Amount collected over and
above the Extend of Land and Building actually available.

12. I also state the appellant intentionally concealed or not furnished the very
vital documents like the Joint development agreement with the Land Owners
for this Project Bloom, Bloom Villa Township marketing Brochure and the
Project MOD with LIC Housing Finance Limited and not subjected himself for
free and fair Judicial Review.

13.I submit as respondent I have no objection to review the limited appeal

grounds raised by appellant promotor and as a home buyer my only concern
is whether we can occupy the villa without completion certificate from CMDA
when the Building approval stipulates for no occupancy without Completion
certificate from competent Authority.

14.I submit that I have filed Execution Petition No :14/2021 against the order
passed in C.NO 436 by TNRERA for execution of all directions after the
appellant First appeal got dismissed by TNREAT. In the EP proceedings before
TNRERA citing this blanket stay order of this Hon’ble Court stalled the
Authority from executing any of the directions including those not appealed
in First Appeal as well as in this C.M.S.A and also his very own unconditional
undertakings.

15.I submit the appellant stand that stay is blanket stay for fulfilling his
contractual obligations and his very own unconditional undertakings is unfair
and prejudicial for me as a home buyer having paid the whole consideration
in the year 2018.
16.I submit if the stay continues, I will be deprived out of my property rights
of getting my villa with all due compliances and completion in all respects as
of approved building plan with water tank and other amenities. Appellant also
would take unfair advantage of my money I have invested and would cause
serious irreparable loss to me as a fully paid Home Buyer.

In the Circumstances and for the reasons aforesaid it is thus humbly prayed
that this Honourable court may be pleased to vacate the stay order passed on
20.01.2022 in C.M.S.A 87 0F 2021 WITH C.M.P NO 21692 of 2021 pending
disposal of Civil Miscellaneous appeal filed by respondent and to pass such
further or other orders as this Honourable Court may deem fit in the
circumstances of the case and thus render justice.

Solemnly affirmed and signed her name in BEFORE ME

My presence on this 24th day of February

ADVOCATE

At Chennai