Wednesday, July 24, 2024

Karnataka RERA Upholds Builder’s Position in Dispute Over Common Amenities Area

The Karnataka Real Estate Regulatory Authority (KRERA) bench, comprising Justice HC Kishore Chandra (Chairperson), Neelmani N Raju (Member), and GR Reddy (Member), dismissed the complaint filed by homebuyers against a builder regarding the construction on the area designated for common amenities. The complaint was lodged by 15 homebuyers of the Astrum Grand View Mysore Phase I housing project.

The homebuyers alleged that the builder was deviating from the conceptual plan presented in the brochure by constructing on the space reserved for common facilities. However, the Authority ruled in favor of the builder, stating that variations between the conceptual plan and the sanctioned plan do not hold the builder liable for deviation.

The builder argued that the project’s RERA registration was specifically for 132 completed apartments, with possession already handed over to purchasers. They maintained that all promised amenities were being provided, with some facilities already available since 2020. The construction progress was deemed satisfactory, with assurances of timely completion of all facilities, including a club.

KRERA upheld the builder’s stance, emphasizing that despite differences between conceptual and sanctioned plans, the completion and delivery of apartment units remained unaffected. The conveyed units were in accordance with registered conveyance deeds, and the pledged amenities were being fulfilled within designated areas as per the sanction plan.

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