1 sc/29/CCl4s812019 Date of filing: 25.09.2019 Date of Disposal: 17.0,-.2026 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION. BENGALURU (PRINCIPAL BENCH)

DATED: 17th DAY OF JANUARY 2026 coRAMl HON'BLE Mr. JUSTTGE T.c. SHTVASHANKARE GowDA -

PRESTDENT and HON,BLE MTs. DIWASHREE M - LADY MEMBER sct29 tcct458t20L9 BETWEEN:

Sri.Mahesh Manawadi S/o Subash Manawadi, Aged about 32 years, R/at Flat No.104, Vijayadatta Apartment, Nagashettykoppa Extension, Chandranath Nagar, Vijayanagar, Hubballi. ......... Comptainant/s (By Sri.Sharath.S.Gogi, Advocate)

AND:

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

2. Smt.Asha W/o Mithun Joshi, 2 sc/29/CCl4s8/2019 Aged about 29 years, R/at Sangolli Rayanna Nagar, Bhairidevarakopa, Hubballi.

3. Sri.Amithab, S/o Arun Agnihothri, Aged about 34 years, R/at U.B.Hiil, Dharwad District.

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

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

ORAL ORDER (PER: H.N'BLE Mr' JUSTT.E T.c. sHTvAsHANKARE GowDA, 'RE'TDENT)

This compraint is fired uls.r7 of consumer protection Act, 1986 (in short Cp Act) seeking direction against Opposite Parties.l to 4 (in short Ops):

(i)

To repay a sum of Rs.29 lakhs towards the cost of the apartment.

(ii)

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

sc/29/cc/4s8l20Ls (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 to 3 are the owners of 'A' schedule property bearing CTS No.2028l1, CTS No.2028/2 & CTS No.2029lB situated at Nagashettykoppa Extension, Chandranath Nagar, Vijayanagar, Hubballi. Op.4 is the developer. Ops.1 & 3 have entered into JDA with Op.4 on 09.11.2012 for development of the said land for construction of .Vijayadatta residential flats in the name of Apartment., Accordingly, OP.4 has developed and constructed the project. The Complainant after coming to know about the project approached Ops.1 to 4 for purchase of flat bearing no.SF-104, 2nd 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 sc/29/cc/4s8/20rs constructed on .A, schedule property. Total sale consideration of the said flat is Rs.29 lakhs.

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

27.03.20L5 in favour of the Complainant by receiving entire sale consideration. At the time of purchase, Op.4 being the developer represented that it is a reputed builder and had completed several projects successfully and is weil known for quarity construction and services.

OP.4 had also provided the building plan with ail the particulars of the construction in a brochure and promised/assured good standard and quality construction.

After purchase, the Complainant has occupied the flat. Within few months of occupying the flat, he noticed several defects in the building which are non-rectifiable and incurable. 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.

Accordingry, they inspected the buirding and gave their report.

5 sc/29/ccl4s8/20ts

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 with