Karnataka RERA Dismisses Real Estate Agent's Complaint Against Godrej Properties, Citing Vindictive Motive
Karnataka Real Estate Regulatory Authority (Authority) bench comprising of Rakesh Singh (Chairperson), Neelmani N Raju (Member) and GR Reddy (Member) dismissed the complaint filed by a real estate agent seeking the revocation of Godrej Properties (Builder) project registration for advertising the project before registering it with the Authority. The Authority finds that the agent...
Karnataka Real Estate Regulatory Authority (Authority) bench comprising of Rakesh Singh (Chairperson), Neelmani N Raju (Member) and GR Reddy (Member) dismissed the complaint filed by a real estate agent seeking the revocation of Godrej Properties (Builder) project registration for advertising the project before registering it with the Authority.
The Authority finds that the agent filed the complaint with a vindictive motive after being excluded from negotiations with the property owners by the builder.
Background Facts
Complainant who is a real estate agent contended that the builder advertised and published a brochure to sell flats for the project named "Godrej Budigere/Godrej Bengal Lamps" located in Bengaluru without registering the project as required under RERA, 2016.
The complainant further mentioned that after several meetings and discussions with advisors and consultants, confidential information was shared to facilitate the purchase transaction between the builder and a landowner. Further complainant was informed that builder was putting the transaction on hold due to incomplete due diligence and pending proceedings.
The complainant added that the builder eventually dropped the transaction and side-lined them without any reason or prior notice. Feeling aggrieved, the complainant filed a complaint against the builder seeking penalty for violating the provisions of RERA, 2016.
Observation and Direction by Authority
The Authority noted that the complainant seemed to have filed the complaint to retaliate against the builder for excluding him from negotiations with the property owners, indicating a vindictive motive.
Authority found that the complainant failed to demonstrate any violation of the RERA by the builder as there was no evidence of promoting, advertising or marketing the project before registration. Consequently, the Authority held that there exists no basis for revoking the project registration.
Additionally, Authority observed that the complainant failed to provide any evidence to support his claims. Therefore, Authority dismissed Real Estate Agent's complaint.
Case – Vivek Arjuna Versus Godrej Properties
Citation – Complaint No: 00058 /2024
Date – 13 December