STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA CONSUMER COMPLAINT NO. SC/29/CC/113/2022 Abhijit Ajit Harapanahalli PRESENT ADDRESS - S/o Ajit Harapanahalli ,KARNATAKA.

Arundhati Abhijit Harapanahalli PRESENT ADDRESS - W/o Abhijit Ajit Harapanahalli Both R/at Flat No.1009, willow Herbs Apartment, Near Ryan International School, Kundalahalli, Bengaluru-560037 ,KARNATAKA.

.......Complainant(s)

Versus M/s H.V. Ventures Projects Pvt. Ltd.

PRESENT ADDRESS - Reg office at No.26, Shankar Mutt Road, Basavanagudi, Bangalore-

560004 and office at Habitat Ventures Unit No.7, Ground Floor, Raheja Chambers, No.12, Museum Road, Shanthala Nagar, Ashok Nagar, Bengaluru-560001 ,KARNATAKA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: 13/02/2025

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

CONSUMER COMPLAINT NO.113/2022

th

DATED THIS THE 13 DAY OF FEBRUARY, 2025

PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, LADY MEMBER

1. Sri.Abhijit Ajit Harapanahalli, S/o Ajit Harapanahalli, 2. Sri.Arundhati Abhijit Harapanahalli, S/o Abhijit Ajit Harapanahalli, Both are residing at … Complainant/s Flat No.1009, Willow Herbs Apartments, Near Ryan International School, Kundalahalli, Bengaluru-560 037 (By Sri.R.V.Naik, Advocate)

-Verses-

M/s. H.V.Ventures Projects Pvt. Ltd, Regd. Office atNo.26, Shankar Mutt Road, Basavanagudi, ... Respondent/s Bengaluru – 560004 and Office at “Habitat Ventures”, Unit No.7, Ground floor, Raheja Chambers, No.12, Museum Road, Shanthala Nagar, Ashok Nagar, Bengaluru – 560 001 (By Ms.Shilpa Shree.C.K, Advocate)

O R D E R

BY SRI.RAVISHANKAR, JUDICIAL MEMBER This complaint is filed by the complainant against the Opposite Party alleging deficiency of service in not executing the sale deed giving possession of the flat bearing No.1091 on 9^th floor of Habitat Eden Heights of Tower I, measuring 1240sq. ft. of carpet area along balcony area measuring 178sq. ft. and car parking slot in the basement/stilt level. Hence prays for direction against the Opposite Party to complete the construction and deliver the possession within one month from the date of the order of this commission. Further sought for interest @ Rs.83,580/- per month on the amount of Rs.1,16,88,056/-. Further damages at the rate of Rs.35,000/- per month from 1-4-2022 till delivery of the possession.

2. The brief fact of the complaint is that, the complainants have entered into two agreements with the Opposite Party i.e. a construction agreement and an agreement to sell on 23.8.2018 for construction and sale of residential apartment No.1091 on 9^th floor of “Habitat Eden Heights” of Tower I. At the time of execution of the sale deed entire sale consideration of the flat was fixed at Rs.1,32,56,283/- and also agreed to pay 13 installments. The said installments were payable on completion of the fixed stages of the apartments. The complainants had almost paid 11 installments out of 13 installments and the last being payable on delivery of possession or registration of the sale deed.

As per the agreement, the Opposite Party had agreed to deliver the completed apartment on or before 30^th June 2021. As per the Real Estate Regulation Authority (RERA) and further extended time upto 31-12-2021.

The Opposite Party informed the complainants that the RERA has extended the date of registration and possession of the apartments on account of Covid-19 outbreak on 31.3.2022 i.e. two extensions of 6 months and 3 months respectively. As per extensions the Opposite Party is liable to deliver the possession of fully completed apartments by 31.3.2022 and even the said date was expired. The Opposite Party has failed to complete the construction and the entire building was unfinished stage as on 1^st April 2022.

The complainant periodically visited the spot of construction site to apprise themselves