BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE
(ADDL. BENCH)
DATED THIS THE 2nd DAY OF JUNE 2022
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 1698/2017
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Swarna Silicon Castle Flat Owners Welfare Association,
Flat No.409, “Swarna Silicon Castle Minos”, Near Gopalan
International School,
Basavana Nagar Main Road,
Mahadevapura Post, Hoodi,
Bengaluru 560 048,
Represented by its Secretary
Mr. K. Jagan Mohan.
(By Sri V.S. Aravind)
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……Appellant/s
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V/s
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Mr. Rambabu Vakka,
Proprietor of Swarna Constructions, No.159,
4th Main, BEML Layout,
ITPL Road, Thubarahalli PO,
Bengaluru 560 066.
Also at No.510, Swarna Silicon Castle Minos, Basavana Nagar Main Road, Mahadevapura Post, Hoodi,
Bengaluru 560 048.
(By Sri B.O. Chandrashekar)
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..…Respondent/s
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ORDER
MRS. SUNITA CHANNABASAPPA BAGEWADI, MEMBER
1. The appellant/complainant has preferred this appeal being aggrieved by the Order dt.15.12.2016 passed in CC.No.1004/2014 on the file of 3rd Additional District Consumer Disputes Redressal Commission, Bangalore.
2. The brief facts of the case are as hereunder;
It is the case of the complainant that the Opposite Party being a promoter/builder & developer had entered into a Sale Agreement with the Members of the Association assuring them that he would provide certain basic amenities namely intercom facility from security enclosure and standard make of lifts with generator backup. Based on the assurance and promises given by the Opposite Party, the members who are the owners of the flat purchased from the Opposite Party formed themselves into an association, registered as No.DRO/SJN/SOR/446, 2013-14 with the Registrar of Societies, Bangalore. Though the Opposite Party had executed absolute Sale Deed in favour of the Members of the Association and collected full sale consideration in respect of the flat, the following facilities which were promised to be provided to the Members have not been provided despite the members taking possession of the flat two long years ago :
- Generator backup for two lifts.
- Earmarking of covered car park facility in the stilt floor.
- Intercom facility from the security enclosure.
- Club House with Gym
- Mini park
- Play Ground for children
- Table Tennis Hall
- Areas meant for common use namely staircase leading to upper floors and corridors, incomplete work on the ceiling covering the entire corridors of the flats etc.
- Lighting for the common area with generator backup.
- Safety grills over the terrace
- Deposit receipt for having paid BWSSB deposits for providing Cauvery water.
- Security services to guard main entrance and rear entrance.
In few cases the Opposite Party has not handed over the second set of keys in respect of the flat, despite repeated requests and also undertaking additional construction over the existing building without securing the plan sanction. The Opposite Party in the name of com
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