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HIGH COURT OF KARNATAKA (BENGALURU BENCH)
SUHAS S KULKARNI – Appellant
Versus
T. R. BUILDERS AND DEVELOPERS – Respondent
RERA.A 18 2023
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NC: 2023:KHC:43343-DB
RERA.A No. 18/2023
C/W RERA.A No. 19/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
RERA APPEAL NO. 18 OF 2023 C/W
RERA APPEAL NO. 19 OF 2023
IN RERA APPEAL NO. 18/2023
BETWEEN:
SUHAS S KULKARNI
AGED ABOUT 45 YEARS
S/O SHRIKANT N KULKARNI
R/AT ANAND ENCLAVE
FLAT NO.111, 1ST FLOOR
JAMBUSAVARI DINNE
OPP SRI CHAITANYA TECHNO SCHOOL
J P NAGAR, 8TH PHASE, BENGALURU 560 083 …APPELLANT
(BY SRI. SRIDHAR G. ADV.)
IN RERA APPEAL NO. 19/2023
BETWEEN:
PADMAVATHI BIRUDURAJU
AGED ABOUT 52 YEARS
W/O SUDEEP KUMAR, FLAT NO.207
ANAND ENCLAVE, JAMBUSAVARI DINNE
OPP.SRI.CHAITANYA TECHNO SCHOOL
J.P.NAGAR, 8TH PHASE, BENGALURU - 560 083 …APPELLANT
(BY SRI. SRIDHAR G. ADV.)
AND:
1.
T. R. BUILDERS AND DEVELOPERS
REP. BY ITS PARTNERS, M REDDAPPA
PG THYAGRARAJ, P.A VINAY, PRESENT ADDRESS
Digitally signed by
MALA K N
Location: HIGH COURT
OF KARNATAKA
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NC: 2023:KHC:43343-DB
RERA.A No. 18/2023
C/W RERA.A No. 19/2023
M/S T R BUILDERS AND DEVELOPERS YASHODA
REGACY, NO.3, 5TH C MAIN, TATA SILK FORM
K R ROAD, BENGALURU 560 070
2.
SRI VIJAYA ANAND KUMAR
AGED 58 YEARS, R/AT ASHWINI, NO 33/1
AGA ALI, ABBAS ROAD, BENGALURU 560 042
3.
SMT KARPAGAM ANAND KUMAR
AGED MAJOR, ASHWINI, NO 33/1, AGA ALI
ABBAS ROAD, BENGALURU 560 042
4.
KARNATAKA REAL ESTATE REGULATORY AUTHORITY
NO 1/14, 2ND FLOOR, SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND, 3RD CROSS
MISSION ROAD, BENGALURU 560 027
REP. BY ITS SECRETARY
…RESPONDENTS
[COMMON IN BOTH APPEALS]
(BY SRI.PROMOD NAIR, SR.ADV. FOR
SRI.R.VENKATESH, ADV. FOR R1;
SRI. VIJAYA ANAND KUMAR,
R2-PARTY IN PERSON;
SRI.KARPAGAM ANAND KUMAR,
R3-PARTY IN PERSON;
SRI. I. S. DEVAIAH, ADV. FOR R4)
THESE APPEALS FILED UNDER SECTION 58 OF THE
REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016,
PRAYING TO (a) SET ASIDE THE IMPUGNED ORDER DATED
25/01/2021
PASSED
BY
THE
HON'BLE
REAL
ESTATE
APPELLATE TRIBUNAL IN APPEAL (K-REAT) NOS.66/2022 AND
65/2022 PRODUCED AS ANNEXURE-A.
THESE APPEALS, COMING ON FOR FINAL HEARING,
THIS
DAY,
P.S.DINESH
KUMAR
J.,
DELIVERED
THE
FOLLOWING:
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NC: 2023:KHC:43343-DB
RERA.A No. 18/2023
C/W RERA.A No. 19/2023
JUDGMENT
These two appeals are presented by purchasers
of two flats from respondents No.1 to 3, challenging
the judgment dated 25.01.2023 passed by the
K-REAT1, Bengaluru, in Appeal No.(K-REAT) 65/2022
and 66/2022.
2. Heard Shri G.Sridhar, learned Advocate for
the appellants, Shri Pramod Nair, learned Senior
Advocate for respondent No.1, Shri Vijaya Ananda
Kumar/Party-in-person for respondents No.2 and 3
and
Shri
I.S.Devaiah,
learned
Advocate
for
respondent No.4.
3. The undisputed facts of the case are, the
appellants have entered into agreements to purchase
respective
flat
on
24.11.2014
(in
Appeal
No.19/2023)
and
04.03.2015
(in
Appeal
No.18/2023). The sale deeds have been executed
1 Karnataka Real Estate Appellate Tribunal
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NC: 2023:KHC:43343-DB
RERA.A No. 18/2023
C/W RERA.A No. 19/2023
by first respondent as Power Agent of respondents
No.2 and 3 on 30.04.2016 (in Appeal No.18/2023)
and 26.03.2016 (in Appeal No.19/2023).
4. Appellant in Appeal No.19/2023 is the
subsequent purchaser of a flat from its previous
owner.
5. On 01.07.2020, the appellants have filed
their complaint before the K-RERA2 with a prayer
interalia to direct the respondents to get the Project
registered under RERA and to impose penalty of
10% of project cost as per Section 59 of the Real
Estate (Regulation and Development) Act, 2016 ('the
Act' for brevity). The complaint has been disposed
of by the following;
"ORDER
In exercise of the powers conferred under Section
31
of
the
R
