News: Original housing project's facilities not to be shared with others: TNREAT-21-01-2021
The order assumes significance as it prevents promoters from opening up facilities meant for one phase of homebuyers to annexes that come up in future.
CHENNAI: The Tamil Nadu Real Estate Appellate Tribunal (TNREAT) observed that amenities and facilities that exclusively belong to a particular project cannot be shared or integrated with others.
The order assumes significance as it prevents promoters from opening up facilities meant for one phase of homebuyers to annexes that come up in future.
The issue pertains to Ananya’s Nana Nani Homes Phase III at Thaliyur in Coimbatore. While the housing project with villas has common facilities such as temple, indoor games, gym and swimming pool, a resident moved the TNREAT accusing the promoter of violating the construction agreement by promoting these amenities and facilities of the original project to homebuyers of Annexe I and II of Phase III. The complainant also claimed that that a compound wall was demolished.
In its order, the tribunal said, “We make it clear that they (promoters) will not allow facilities and amenities duly given for the original project to be utilised or enjoyed by anyone other than the residents/owners of the original project."
However, the developer stressed that the vision of the promoter was to be a ‘caretaker’ of retired/senior citizens. The demolition of the compound wall of the original project would not affect the complainant nor any of the residents as it would only help in achieving the very purpose behind the project — Delivering services to the elderly residents within a short span of time. Further, according to the promoter, most residents of original project had suggested demolishing the wall for easy delivery of services. The promoter added that residents of the original project also suggested using the entry/exit gates of the annexe projects as the original Phase III project has only one entry/exit gate, which proved inadequate.
The tribunal, however, directed the promoter to reconstruct the compound wall.
