Date of Filing :15.03.2016 Date of Disposal :23.03.2022 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED THIS THE 23^rd DAY OF MARCH 2022 PRESENT HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER Mrs.M.DIVYASHREE : LADY MEMBER CC.No.71/2016 Sanjay Kumar Bhalla S/o H.G.Bhalla Aged about 40 years R/at no.45, Flat No.302, 2nd Floor, Aarya Enclave, 3^rd Cross, Marappa Thota, JC Nagar, Bengaluru-06. … Complainant (By Adv.Sri.KeshavaMurthy.B)

-Versus-

1. Mu kesh P Shah Partner of M/s.Aarya Builders No.12, Aakar Residency, 3^rd floor, 7^th cross, Atmananda Colony, RT Nagar, Bengaluru-32. …….. OP.1

2. Arun Khanna Partner of M/s. Aarya Builders No.27, VNR Road, Madhav Nagar, Bengaluru-01. …….. OP.

(By Adv.Smt.Sunitha.H.Singh)

O R D E R

HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This complaint is filed U/s.17 of CPA 1986 by the Complainant against OP.1 & 2/developers to direct them to complete the pending construction works within specified period of time and in default to pay Rs.18,80,000/-; to pay Rs.1,19,550/- towards the expenses incurred for completing construction works, together with interest at 12%; to pay compensation of Rs.5 lakhs and to pay cost of Rs.50,000/-.

2. The brief facts of the complaint are that, the Complainant entered in to construction agreement dtd.18.06.2014 with the OPs based on their assurance made as apartment will have all modern facilities; there will be no violation while constructing the apartment; occupation certificate and completion certificate will be provided at the time of registration of the sale deed. Further promised to complete the entire construction and handover the possession within 18 months from the date of sanctioned building plan dtd.29.04.2013. But the OPs not bothered to complete and handover the possession and instead extending time again and again. Inspite of informing them that based on the said assurances, they have made arrangement with their landlord about the vacating of their premises. But till September 2014 they not bothered to complete the construction works. However, since he committed to vacate their premises, has occupied the Flat No.302 by virtue of a registered sale deed dtd.15.09.2014 executed by Ops, though it was incomplete. Although OPs assured to complete the works within 15 days, but not bothered to complete the pending works even after more than year. OPs left the work abruptly in every flat in a shattered conditions and not bothered to provide common facilities such as elevator, water connection etc., and within a span of three months due to substandard quality of workmanship and materials, started leakage/seepage of water occurred in many places, as a result, damaging the entire building, and not bothered to cover the elevator place due to which there is danger to the occupants at any moment. Due to failure on the part of OPs in not completing the pending works and not providing assured facilities, put the Complainant and other occupants to great inconvenience, hardship. Therefore, the Complainant has completed the pending works in respect of his flat such as in kitchen, bathroom and door works, water proof works, electrical and plumbing works, painting etc., by incurring expenses and it is estimated to Rs.1,19,550/- by the approved valuator. OPs instead of completing the pending works with a dishonest intention demanding for extra amount. Further

4 cheques and blank signed papers collected for arranging the loan was not returned even after completion of sale transaction. These acts of the Ops constrained the Complainant to issue legal notice dtd.23.01.2016 calling upon to pay the expenses incurred by him towards pending works got completed in respect of his flat, and to complete the pending works in respect of the building and to provide the common facilities, for which there was no reply from Ops, which made them to approach approved valuator, who visited the spot, made th