IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 21194 OF 2025 (GM-CON)

BETWEEN:

1. M/S ELEGANT BUILDERS A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT HAVING ITS OFFICE AT NO.99/1 RAMARAO LAYOUT, KATRIGUPPE B S K 3RD STAGE, BANGALORE-560085 REPRESENTED BY ITS PARTNER SRI B NARASIMHULU NAIDU …PETITIONER (BY SRI. SUDHAKAR G V., ADVOCATE)

AND:

Digitally signed by

1. SMT UMA V NARAYAN VASANTHA KUMARY B K W/O K V VENKATARAMANA Location: AGED ABOUT 65 YEARS, HIGH RESIDING AT NO.8, SRINIVAS COURT OF KARNATAKA SIDDI VINAYAKA LAYOUT, BSK 3RD STAGE, BANGALORE-560085 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 30/07/2021 PASSED IN CC NO.88/2008 BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) (ANNEXURE-K) AND DECLARE IT TO BE ILLEGAL, ARBITRARY AND WITHOUT JURISDICTION, ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ petition has been instituted impugning the order dated 30.07.2021 passed in C.C.No.88/2008 by the Karnataka State Consumer Disputes Redressal Commission, Bengaluru and the order dated 03.10.2024 passed in First Appeal No.880/2021 by the National Consumer Disputes Redressal Commission, New Delhi (Annexures-K and L) respectively.

2. The relevant facts of the case are that respondent had booked a flat in the project of the petitioner. An agreement of sale dated 21.03.2007 was executed for the said project and building plan was sanctioned on 28.06.2006 by the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP'). The petitioner was to construct 9 flats on the plot in question. Water supply connection was also sanctioned by Bengaluru Water Supply and Sewage Board (for short 'the BWSSB') on 21.04.2007 and the electricity department issued an inspection report on 30.08.2008. On 14.08.2008, after taking possession of the flat in question, the respondent issued a legal notice to the petitioner seeking details of the accounts, completion certificate and raised various grievances primarily in respect of the lift installed, parking slots and the collection of excess amount from the flat owners.

3. When the respondent did not hear anything from the petitioner, she along with other flat owners filed a C.C.Nos.88/2008, 89/2008 and 90/2008 before the State Commission praying for several reliefs. The main contention of the respondent was that the petitioner had collected an excess amount of Rs.18.69 lakhs from each flat owners and that they prayed for return of the same with interest @15% per annum.

4. The State Commission, however dismissed, the complaints on 31.01.2008 and directed the respondent to approach the appropriate Civil Court for recovery of money. Aggrieved by the said order passed by the State Commission, the respondent along with other flat owners filed First Appeal Nos.526 to 528/2008 before the National Commission and the National Commission remanded the matter back to the State Commission to decide the matter afresh in accordance with law. The State Commission, vide order dated 20.10.2010 allowed the complaints and directed the petitioner herein to refund a sum of Rs.18.69 lakhs to the complainant in C.C.No.88/2008. It was also directed that in case of demolition of the unauthorized structure for violation of the sanction plan, the petitioner should rebuild the same as per the approved plan at its cost. Aggrieved by the said order dated 20.10.2010, the complainants filed appeals in F.A.Nos.402-404/2010 and the petitioner herein (builder) and the flat owners/buyers filed appeals in F.A.Nos.439-441/2010 before the National Commission. F.A.Nos.439-441/2010 were a