sc/29/cC/567/2019 Date of filing: 30.11.2019 Date of Disposal: 21.11.2025 BEFORE THE RNATA sTATE C NSUMR DISPUTES REDRES ALCOMMI sro BE GALU RU (PRINCIPAL BENCH)

DATED: 21"t DAYOFNOVEMBER 2025 coRAM: HON'BLE Mr. JUSTTCE T.G. SHTVASHANKARE GowDA -

PRESTDENT and MTs. SUNITA CHANNABASAPPA BAGEWADI - LADY MEMBER scl29t ccts t20

7 19 BETWE N:

DR.B.NIRMALA, D/O LATE G.M. BATTIMALLAPPA, R/AT NO.546, 1sr CROSS, BOGADHI NORTH, MYSURU.

........ COMpLAINANT/S (BY SRT.S.RUPESH KUMA& ADVOCATE)

AND:

1. PATHAK DEVELOPERS PVT. LTD., REGD. COMPANY HAVING OFFICE AT:

NO,2997 /2, RUKMA COMPLEX, KALIDASA ROAD, MYSURU-570002.

2. SRIHARI PATHAK, S/O JAYARAM PATHAK, DIRECTOR, PATHAK DEVELOPERS PVT. LTD., NO,2997 /2, RUKMA COMPLEX, KALIDASA ROAD, MYSURU_570002.

3, JAYARAM PATHAK, S/O LATE K.M.PATAK, sc/29/ccls67 /2019 PATHAK DEVELOPERS PW. LTD., NO.2997 /2, RUKMA COMPLEX, KALIDASA ROAD, MYSURU-570002.

4. B.H. RAMACHANDRA, S/O S.P. HANUMANTHARAPPA SHETTY, RlAT 7011, covlNDAPPA ROAD, BASAVANAGUDI, BENGALURU-560004.

5, B.H.SRINIVAS MURTHY, S/O S.P. HANUMANTRARAPPA SHETTY, R/AT 70/7, GOVINDAPPA ROAD, BASAVANAGUDI, BENGALURU-560004.

(By sRr.N.c.sREEDHA& ADVOCATE FOR Op NOS.4 AND s)

6. SMT.K.USHA HAREESH, WO T.S. HAREESH BABU, R/AT NO.2914, BAJJANNA BUILDING, KOTHWAL RAMAIAH STREET, DEVARA] MOHALLA, MYSURU.

7. MISS PRAGATHI GUPTA, CUSTOMER SERVICE HEAD, PATHAK DEVELOPERS PVT. LTD., NO,2997 / 2, RUKMA COM PLEX, KALIDASA ROAD, MYSURU-570002.

8. MISS PRIYANKA V., SALE OFFICER, PATHAK DEVELOPERS PVT. LTD., NO.2997 /2, RUKMA COMPLEX, KALIDASA ROAD, MYSURU-570002. ........ opposrTE pARTy/S (NOTICES TO OP NOS.1 TO 3, 6 AND 8 ARE UNCLAIMED)

sc/29/CCls67 /2019 o E (PER: HON'BLE Mr. JUSTICE T.c. SHMSHANKARE GOWOA, PRESIDENT)

This Complaint is filed Uls 12 of Consumer protection Act, 1986 (in short Cp Act) seeking direction to Ops to complete all the pending works and to make the apartment habitable, to execute the registered sale deed in respect of the flat purchased in terms of the agreement of sale, failing which to refund a sum of Rs.18,50,000/- paid to the Ops.

2.

The Brief facts of the case are that, Op Nos.2 to 6 are the owner of the property bearing No.1500/59 (Built on Site No.g) situated at Krishnavanam, Chamaraja Mohalla, Mysore. Op Nos.1 to 3 are the builder. OP Nos.1 to 6 have entered into Joint Development Agreement (in short JDA) for the development of the said land and the owners have executed the registered General power of Attorney (in short GPA) in favour of the builder for taking necessary permissions and approvals for completion of the project on behalf of the owners. Upon such JDA and the GpA, OP1 has given an advertisement regarding the project in sc/29/ccls67/20t9 the name of "PRATHAM MAYUR". Upon seeing such advertisement the complainant wants to purchase a flat. Hence she filed an application to the Op Nos.1 to 3 on

22.05.20LL by paying an advance amount of Rs.1,00,000/- and booked the flat No.FS, third floor. Upon receiving the application and advance amount, Op Nos.1 to 3 has allotted the said flat for a consideration of Rs.33,00,000/-. The details of payments made by complainant are as follows:

dated

23.0s.2016 sc/29/cc/s67/2019 After entering into sale agreement and making such payment the complainant has visited the location, found no work is in progress and she made a request to the Op Nos.1 to 3 to put up the construction and complete the project as agreed within 1g months from the date of agreement. Since the Op Nos.1 to 3 did not respond and the project was not taken off and after issuing the notice they approached this Commission pleading deficiency of service.

3.

Op Nos.4 & 5 have contested the complaint by filing version admitting that there was a JDA between them and OP Nos.l to 3 and as perthe same in the said project total 20 units has to be constructed and out of which 10 units falls to the owners and 10 units falls to the builders. It was also agreed that the both the builders as well as the owners can sell their share of flats independently or they