Date of filing: 25.09.2019 Date of Dasposal: 17.01.2lJ26 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 17th DAYOF]ANUARY 2026 CORAM: HON'BLE Mr. JUSTICE T.G. SHMSHANKARE GOWDA - PRESIDENT and HON,BLE MTs. DIVYASHREE M - LADY MEMBER sct29tccl

45712019 BETWEEN: Smt.Suman Wo ^{Late Parashuram Murkumbi,} R/at Flat No.UGF-104, Vijayadatta Apartments, Nagashettykoppa Extension, Chandranath Nagar, Vijayanagar, Hubballi. .,..,.... Complainant/s ( By Sri.Sharath.S.Gogi, Advocate)

AND:

1. Sri,Mithun, S/o Diwakar loshi, Aged about 34 years, R/at Navanagar, Hubballi.

2. Sri.Amithab, S/o Arun Agnihothri, Aged about 34 years, R/at u.B.Hilt, Dharwad District.

3. Sridatta Infratech pvt., Ltd., Regd., Company situated at:

Manjunatha Nagar, Hubballi, Rep. by its Managing Director Sri.Prakash ............Opposite partyls (By Sri.M.G.Satheesha, Advocate)

ORAL ORDER (PER: HON'BLE Mr. JUSTICE T.c. SHMSHANKARE GOWDA, PRESIDENT)

This Complaint is filed U/s.17 of Consumer protection Act, 1986 (in short Cp Act) seeking direction against Opposite Parties.l to 3 (in short Ops):

(i)

To repay a sum of Rs.19,g0,OOO/_ towards the cost of the apartment.

(ii)

To pay a sum of Rs.10 lakhs for the toss caused from the investment in substandard apaftment.

(iii)

To pay a sum of Rs.10 lakhs towards mental agony and Rs.2 lakhs towards litigation expenses.

(iv)

Pass such further order as this Commission deem fit and proper in the facts and circumstances of the case.

2.

The Brief facts of the case are that: OPs.1 & 2 are the owners of 'A' schedule property bearing CTS No.2028/1, CTS No.2028/2 & CTS No.2029lB situated at Nagashettykoppa Extension, Chandranath Nagar, Vijayanagar, Hubballi. OP.3 is the developer. OPs.1 & 2 have entered into IDA with OP.3 on 08.11.2012 for development of the said land for construction of residential flats in the name of 'Vijayadatta Apartment.' Accordingly, OP.3 has developed and constructed the project. Husband of the Complainant Sri.Parashuram Balakrishna Murkumbi after coming to know about the project approached OPs.1 to 3 for purchase of flat bearing no.UGF-104, Upper Ground Floor having super built up area of 1200 sq.ft along with undivided share of 4o/o in the schedule 'A' property along with the facilities, amenities, common areas and one covered car parking with terrace garden which is more fully described as'B' schedule constructed on schedule 'A' property. Total sale consideration of the said flat is Rs.23 lakhs.

2(a). After completion of the construction of the apartment, Ops have executed the sale deed on

09.05.2014 in favour of the husband of the Complainant by receiving entire sale consideration. At the time of purchase, Op.3 being the developer represented that it is a reputed builder and had completed several projects successfully and is well known for quality construction and services. Op.3 had also provided the building plan with all the particurars of the construction in a brochure and promised/assured good standard and quality construction. After purchase, the Complainant and her husband has occupied the flat. Within few months of occupying the flat, they noticed several defects in the building which are non-rectifiabre and incurabre. In this connection, the Complainant engaged a private contractor i.e. Modi Constructions and Consultants, Gulbarga to give their report on the defects found in the apartment building. Accordingly, they inspected the building and gave their report.

2(b). The following defects inside and outside the apartment are found:

a)

Leakage and seepage of water from top floor bathrooms causing dampness in walls and peeling of color/paint due to soaked walls. When the same has been examined the complainant came to know that poor plumbing work was the cause of leakages.

The complainants were shocked to see these kinds of problems which have arose within few months of the purchase of the property. The photograph has been attached for reference.

b) Leakages in drain pipes at many