1

FORM ‘N’
[See Rule 38(1)]

APPLICATION TO ADJUDICATING OFFICER

Claim for compensation under section 31 read with
section 71 of the Act

For use of Adjudicating Officers Office:

Date of Filing: ____________________________________

Date of receipt by Post: __________________________________

Complaint No:______________________________________________

Signature : ________________________________________________

Authorized Officer: _________________________________________

( V Sangeetha)
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BEFORE THE ADJUDICATING OFFICERS, TN RERA, EGMORE,

CHENNAI

Between

Mrs.S.Sangeetha,
W/o. Satheeshkumar
Plot No.66, F2, Sai Baba Enclave,
Mohammed Hussain Colony,
Kolathur,
Chennai – 600 099. ...Complainant

And

M/s.Casa Grand Builder Private Limited.,

NPC Devi, 5th Floor,
111/59, L.B.Road,
Thiruvanmiyur,
Chennai-600 041. ...Respondent(s)

Details of the Claim:

1. Particulars of the Complainant(s):

i. Name of the Complainant: Mrs. S.Sangeetha

ii. Address of the Existing Office/Residence of the Complainant

No: Plot No.66, F2, Sai Baba Enclave,

Mohammed Hussain Colony, Kolathur,
Chennai – 600 099.

( V Sangeetha)
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iii. Address for service of all notices

S.SANGEETHA
Plot No.66, F2, Sai Baba Enclave,
Mohammed Hussain Colony, Kolathur,
Chennai – 600 099.

iv. Details of allottee apartment, building or plot

Plot bearing No: 18 measuring about 1989 sq.ft comprised in Survey

Nos.389/2A & 389/1 in CMDA Approved Layout bearing P.P.D/L.O No.
03/2017, situated at Thirumudivakkam Village, Sriperambudur Taluk,
Kancheepuram District.

2. Particulars of the Respondent(s):

i. Name of the Respondent: M/s.Casa Grand Builder Private Limited,

ii. Address of the existing office/residence of the Respondent

NPL Devi, 5th Floor,
111/59, L.B. Road, Thiruvanmiyur,
Chennai-600 041.
iii. Address for service of all notices
NPC Devi, 5th Floor,
111/59, L.B. Road, Thiruvanmiyur,
Chennai-600 041.
.

iv. Registration No. and Address of the Project

Regn. Number: TN/01/Layout/0001/2017 dated 16.08.2017
Survey Numbers:

Schedule ‘A’:

Item No.1

All that piece and parcel of lands measuring at extent of 8 acres 13

cents, Thirumudivakkam Village, Sriperumbudur Taluk,
Kancheepuram District comprised in

S.No. Survey No. Extent in Acres

1. 389/2B 0.61

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2. 389/2A 0.61
3. 388/4 1.00
4. 390/2 1.60
5. 389/1 1.19
6. 402/2 2.01
7. 387/1B 0.36
8. 387/2 0.75

Situated within the sub registration District of Padappai and

Registration District of South Chennai.

Item No.2

All that piece and parcel of Land admeasuring an extent of 82 cents

comprised in Survey No.391/2, Thirumudivakkam Village,
Sriperumbdur Taluk, Kancheepuram District and situated within the
Registration District of Chennai South and sub registration District of
Padappai.

Together totalling 8 acres 95 cents (i.e. 3,89,862 sq.ft.,)

Schedule ‘B’:

All that piece and parcel of land measuring an extent of 2,02,222 sq.ft
towards the residential plots in Scheduel A property mentioned above.

Schedule ‘Ç’

All that piece and parcel of the vacant site in Plot No.18 measuring
about 1989 sq.ft. comprised in part of survey nos.389/2A & 389/1 in
CMDA approved layout bearing P.P.D/L.O No.3/2017 siutated at
Thirumudivakkam Village, Sriperumbudur Taluk, Kancheepuram
District and bounded on the

North By: 9 M wide Road

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East By: Plot No.17

South By: Plot No.19

West By: 7.2 M wide Road

Admeasuring

Northern side : 45 feet 1 inch

Southern side : 50 feet

Eastern side : 40 feet

Western side : 35 feet 1 inch

North west side : 6 feet 11 inches

Totally admeasuring 1989 sq.ft(presently known and called as

Pallavaram-Thiruneermalai Road).

Schedule ‘D’

The design and specification of a residential unit bearing Villa No.18

having built up area 1866 sq.ft. put up in Schedule C in the
residential project “CASAGRAND BLOOM”.

3. Jurisdiction of the Adjudicating Officer:

The complainants declare that the subject matter of the claim falls
within the jurisdiction of the regulatory authority as the project is
going on in Thirumudivakkam Village, Sriperumbudur Taluk,
Kancheepuram District, Project name “CASAGRAND BLOOM”

4. Facts of the Case:

i. The Complainant states that the Respondent allotted Complainant

one plot bearing No. 18 in CASAGRAND BLOOM Project comprised
measuring about 1989 sq.ft. comprised in part of survey

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nos.389/2A & 389/1 in CMDA approved layout bearing P.P.D/L.O

No.3/2017 siutated at Thirumudivakkam Village, Sriperumbudur
Taluk, Kancheepuram District.

ii. The Complainant further states that Complainant paid a sum of

Rs. 19,25,000/- on 26.08.2018 vide Receipt No.180820141 issued
by the respondent and thereafter paid Rs. 45,75,000/- on
28.08.2018 vide Receipt No. 1808280142 issued by the respondent
and thereafter paid Rs.15,00,000/- on 30.08.2018 vide Receipt
No.1808300046 issued by the respondent and cash Payment of Rs
4122000 /- even before the Respondent executed the Sale Deed
and Construction Agreement in trust and good faith believing
Respondent’s words and representations with regard to amenities,
facilities and self proclaimed timely completion of the project which
the Respondent highlighted during the meetings Complainant had
with Respondent at Respondent’s office. While collecting the money
as advance Respondent assured Complainant that the villa will be
handed over to Complainant latest by April 2019.

S. Cheque
No Date of receipt details Amount paid
1 28.08.2018 “000004”-BOB Rs 19,25,000/-
2 28.08.2018 “000115”-ICICI Rs 45,75,000/-
3 30.08.2018 “000117”-ICICI Rs 15,00,000/-
4 Cash
30.08.2018 Rs 41,22,000 /-
Payments
5 ICICI Demand
26.10.2018 Rs 3,14,410 /-
drafts
Total Rs one crore twenty four lacs thirty
Rs.1,24,36,610/
six thousands and six hundred and Ten
-
Rupees.

( V Sangeetha)
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iii. The Complainant states that the Respondent executed the

Construction agreement on 29.10.2018 with the Complainant
registered as Doc. No. 6201 02 2018 before SRO Padappai and
executed a Sale of Deed on 29.10.2018 registered as Doc no.6202
of 2018 before the SRO Padappai with respect to Villa No.18. The
complainant paid 100% of the payment even before the registration
of the documents. The Complainant further states that after
receiving entire sale consideration for the towards consideration
and construction amount under the Construction Agreement dated
29.10.2018, the Respondent had not completed the construction as
agreed and not handed over till August 2019. The Complainant
further states that when Complainant enquired at the Respondent
since from the execution, he said the silly reason that he had
electricity connection not given, shortage of supply, by delaying to
handover the portion. The Complainant came to know that even
the construction amenities work had not been completed in the
project even though the Respondent collected Rs. 1,21,22,000/- as
early as on 29.08.2018 itself. The Complainant further state that
the said documents can at best record the allotment and
understanding put in writing coupled with the payments made by
Complainant in that regard. The Complainant believed the
Respondent in complete trust and were mislead by lucrative
representation by Respondent’s staff and employees and did not
even think to check the contents of the documents that the
Respondent wanted Complainants to sign. In complete faith
Complainants signed the said documents and paid the amount as
early as 30.08.2018.

( V Sangeetha)
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iv. The Complainant states that as per the Sale Deed and

Construction Agreement the total amount to be paid is

Rs.16,11,090/- (as per Registered Sale Deed), Rs.65,50,711/- (as

per Registered Construction Agreement) and Rs 100000 Corpus

fund including all taxes totalling to a sum of Rs.82,61,801/- out of

which I have paid a sum of Rs.80 Lakhs through cheques and the

balance through cash right on the day of booking the Villa itself.

The appellant also collected the premium on land cost (P.L.C)

above guideline value and other common amenities payments in

cash during Booking time and not provided any cash receipt except

acknowledgment in Booking Form. The Booking Details Form dated

27.08.2018 would also disclose the same and it was also

mentioned in the said Form that the entire money has been paid

terming it as ‘100% upfront paid’.

v. The Complainant states that in view of the above Breach of Trust

and shift of Stance by Respondent, the Complainant had lost faith
in Respondent and Respondent’s has not completed the
construction of the said project and Respondent’s intentional
refusal to hand over the portion after collecting the entire sale
consideration for the land in terms of the Deed of Sale dated
29.10.2018, the Complainant has left with no other option but to
request the Hon’ble Regulatory Authority by filing a complaint in
C.No.436/2019 under section 31 of the Act on 30.09.2018 and
sought the following revised set of reliefs

( V Sangeetha)
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I. to direct the respondent to handover the Villa as promised

in the construction agreement.
II. To direct the respondent to register this “Bloom”project all
phases as group development building project in TNRERA.
III. To strike down undue additional demand made by the
Respondent over and above the consideration value of sale
deed and construction agreement.
IV. To impose penalty against the Respondent for their actions
resulting in violations/contraventions of the RERA act
provisions as stated in the facts of the case.
a) False information furnished to TNRERA for getting
registration approval
b) False reporting of project registration and progress
report as Layout.
c) Wrong categorization of project as layout whereas
the Respondent is undertaking Group Development of
169 house Villa, Row Houses with swimming pool,
Gym, Theatre and Club House.
d) Collection of advance amount of more than 10%
before signing of sale and construction agreement
e) Major change in original layout(Club House)
without consent of 2/3rd of home buyers.
f) Misleading progress update in TNRERA website as
project completed.
g) Not willing to share the completion Certificate and
approval certificates for swimming pool, club house, AV
Room & Gym etc., amenities as promised in Brochure.

vi. The Complainant states that the respondent entered appearance in

the said C.No.436/2019 and contested the said complaint. After
hearing both the parties , the Hon’ble Regulatory authority has

( V Sangeetha)
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passed an order dated 27.02.2020 that the respondent is directed

to complete the remaining common amenities whatever has been
promised in the construction agreement before 31.03.2020 and
hand over the possession of the Villa completed in all respects as
per the construction agreement to the complainant before
15.04.2020 with domestic electricity service connection from
TANGEDCO and further directed that the complainant is at liberty
to move this Hon’ble Court for claiming interest on the delayed
construction, compensation, etc., and also directs the respondent
to reduce the land cost and construction cost proportionately and
charge the complainant accordingly and further directs that
collection of advance amount of more than 10% before signing of
sale and construction agreement and registering the same,
amounts to contravention of section 13 of the Real Estate
(Regulation and Development)Act,2016 and therefore the authority
imposed a penalty of Rupees Five Lakhs for this contravention
under section 61 of the Act to be paid within 30 days from the date
of pronouncement of the said order.

vii. The Complainant states that Complainant sought for interest for
delayed handing over the possession of said allotted plot/Villa as
stated above by the construction agreement dated 29.10.2018
solely because of the deficiency in service committed by
Respondent in not handing over the said Villa in time and insisting
for further payment without any basis and improper registration of
this Project in TNRERA. The Complainant is entitled to seek
compensation for delay in handing over of the allotted plot/Villa
No.18 of CASAGRAND BLOOM project.

viii. The summary basis of the Complainants’ claim is that the

Respondent made misrepresentations by projecting a wrong date of
delivery of the Villa and got executed construction agreement and

( V Sangeetha)
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registered deed as above on those lines and collected Rs1,21,22000

/- as upfront payment on the promise and assurance of a fixed
delivery date and delivery of the Villa was also unilaterally delayed.
Hence the respondent is liable to pay SBI M.C.L.R + 2% on Rs
1,21,22,000 as handover delay interest from 1st May 2019 to 22nd
July 2022. The Complainant had invested the payment in land
and obtained the possession only on 22.07.2022 after the order of
the Hon’ble Regulatory Authority , Hence the Complainant had no
other option but to seek interest for delayed handing over the
possession and reasonable compensation. The Respondent refused
to comply with the legal demand of the Complainant and chose to
drag the issue by giving fake reasons. Hence, the Complainant is
constrained to initiate proceedings under TN RERA, 2017 under
section 31.The Complainant issued a notice dated 30.07.2022 to
the respondent demanding return of her interest amount for
delayed handing over the possession and other compensations.

5. Compensation Sought:

In view of the facts mentioned in paragraph 4 above,

the Complainants pray for the following reliefs:

a. Direct the Respondent to pay the interest to the complainant for

her invested sum of Rs. Rs1,21,22,000/-(Admittedly lying with the
respondent) @ SBI M.C.L.R + 2% per annum from the date of
01.05.2019 until the handing over date of 22.07.2022 and such
other permissible rate of interest from the date of filing until
realization to be fixed by this Hon’ble Authority, for her Plot No.18
which is more fully described in Column 2 (iv) of this petition.

b. Direct the Respondent to pay Compensation to the Complainant of

Rs.1,00,00,00/-(Rupees Ten Lakhs) towards the mental agony
suffered by the Complainant arising out of deficiency of service and

( V Sangeetha)
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unfair trade practices committed by Respondent by insisting

additional payment and postponement of completion date and
handing over in total violation of the existing contract.

c. Direct the respondent to pay Rs 200000 /-(Rupees two lakhs)

towards the Consideration of Over head water Tank , borewell with
motor and Main Gate which was not constructed as per the
building plan and agreed construction agreement.

d. Direct the Respondent to pay the Rs 75000/-(Rupees seventy five

thousands) towards Legal Expenses of M-Form Proceedings and N-
Form Proceedings.

e. Pass any other order/direction in the interest of justice.

6. Complaint not pending with any other court, etc.:

I further declare that the matter regarding which this appeal has been
made is not pending before any court of law or any other authority or
any other tribunal(s).

Legal Proceeding relied upon:

a) Section 18(1) (a). [Builder liable to pay interest for every month
delay in handing over the portion]

b) Section 19(4). [Entitlement & Rights of the Allottee]

c) Violations by the builder: Sec 17(1) & Sec. 11(4) (f).

7. Particulars of Bank Draft in respect of the fee in terms of sub-rule (1)

of rule 37:

i. Amount : Rs.5600/- (Rupees Five Thousand Six Hundred Only)

ii. Name of the Bank:……….Bank

iii. DD No: ………… Date: 0\0\202

( V Sangeetha)
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8. List of enclosures:

i. Booking Form Dated 28.08.2018

ii. Construction Agreement dated 29.10.2018.
iii. Sale Deed dated 29.10.2018
iv. Payment receipts
v. Bank Statement of Complainant
vi. Email communication Demand notice Dated 30.07.2022
vii. Final order in C.No.436/2019 filed by the complainant before
the Hon’ble Regulatory Authority on 27.02.2020
viii. Final Judgement of Hon’ble TNREAT in Appeal No.46/2020
dated 15.09.2021.
ix. Hon’ble Madras high court daily order dated 24.06.2022.
x. Hon’ble Madras high court daily order dated 26.07.2022.

Verification

I, Mrs.V.Sangeetha, W/o. Satheeshkumar, the Complainant do hereby

verify that the contents of paragraphs [1 to 8] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).

Place: Chennai

Date :

( V Sangeetha)