Karnataka RERA Rejects Homebuyers Complaint Of Restraining Builder From Constructing On Area Reserved for Amenities.

Background Fact

The Homebuyers (Complainants) reside in the Builder's Housing project named Astrum Grand View Mysore Phase I . They have paid the consideration amount for their respective flats and have already moved into their units.

After taking possession, homebuyers found that the builder is attempting to deviate from the conceptual plan presented to them in the brochure and is constructing on the area reserved for common facilities and amenities.

Aggrieved by the construction, 15 Homebuyers of Astrum Grand View Mysore Phase I filed a complaint in the Karnataka RERA to restrain the builder from selling, constructing, deviating, or changing the area reserved for the common amenities, and to seek compensation for the delay in providing facilities and amenities to homebuyers by the builder.

Contention of Builder

The Builder contended that the RERA registration for the project was specifically for the development of 132 apartments, which have already been completed and possession of flats has been handed over to respective purchasers. Furthermore, the Builder contends that all amenities promised to homebuyers are being duly provided, and some facilities have already been enjoyed since the year 2020. The development works at the site are progressing smoothly, and all facilities, including a club, are expected to be completed within the specified time frame.

RERA Verdict

The Authority rejected the homebuyers complaint of restraining the builder from constructing on the area reserved for common amenities.

The Authority held that while there may be differences between the conceptual plans presented in brochures and the actual sanction plans, these variations have not affected the completion and delivery of apartment units to the homebuyers. The promised units have been constructed and conveyed to the homebuyers through registered conveyance deeds, and the number of amenities and facilities pledged to the homebuyers remains unchanged and is being fulfilled.

Furthermore, the Authority held that the sites are being developed in accordance with the plans submitted to the Authority, and therefore, cannot be considered as deviating from the sanctioned plans. Amenities and facilities are also being developed within the areas designated for such purposes in the sanction plan.

In conclusion, KRERA rejected the homebuyers complaint of restraining builder from constructing on the area reserved for common amenities, holding that a change in amenities location as shown in the conceptual plan will not make the builder liable for deviating from the sanctioned plan.

Case: N Rajashekhar & others Vs Astrum Value Homes Private Limited

Citation: CMP / 221029 / 0010141, CMP / 221029 / 0010142, CMP / 221029 / 0010143, CMP / 221029 / 0010144, CMP / 221029 / 0010145, CMP / 221029 / 0010146, CMP / 221029 / 0010147, CMP / 221029 / 0010148, CMP / 221029 / 0010149, CMP / 221029 / 0010150, CMP / 221107 / 0010190, CMP / 221107 / 0010191, CMP / 221107 / 0010192, CMP / 221107 / 0010193, CMP / 221107 / 0010194.

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