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NC: 2023:KHC:30329-DB
RERA.A No. 6 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
RERA APPEAL NO. 6 OF 2021
BETWEEN:
M/S TRISHUL DEVELOPERS
MITTAL TOWERS, NO 109, B WING
1ST FLOOR, NO 6, M G ROAD
BENGALURU 560 001
REP. BY NIRAJ MITTAL
MANAGING PARTNER OF
M/s. TRISHUL DEVELOPERS
…APPELLANT
(BY SRI. VACHAN H.U. ADV. FOR
SMT.KAVITHA D., ADV.)
AND:
1.
MR BALAN PARAVANTAVIDA
SON OF KANARAN, AGED ABOUT 65 YEARS
R/AT S K NIVAS (KUNCHIRAMAN)
PO RAYARANGOTH, KOZHIKODE
KERALA 673 102
2.
THE KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND
3RD CROSS, MISSION ROAD
BANGALORE 560 027
…RESPONDENTS
(BY SRI. AMIT ANAND., ADV. FOR R1;
SRI.BALAPPA S. H., ADV. FOR
SRI.RAJASHEKHAR K., ADV. FOR R2)
Digitally signed by
MALA K N
Location: HIGH COURT
OF KARNATAKA
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NC: 2023:KHC:30329-DB
RERA.A No. 6 of 2021
THIS RERA APPEAL IS FILED UNDER SECTION 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 24.06.2021 PASSED BY
THE HON'BLE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL
BENGALURU IN APPEAL NO.(K-REAT) 12/2021.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
The appellant has filed this appeal challenging the
judgment dated 24.06.2021 passed by the K-REAT1 in
Appeal No.(K-REAT) 12/2021.
2. Heard Shri H.U.Vachan, learned Advocate on
behalf of Smt.D.Kavitha, learned Advocate for the
appellant,
Shri
Amit
Anand,
learned
Advocate
for
respondent No.1 and Shri S.H.Balappa, learned Advocate
on behalf of Shri K.Rajashekhar, learned Advocate for
respondent No.2.
3. Shri Amit Anand, learned Advocate for respondent
No.1 has filed a memo of even date, which reads thus:
1 Karnataka Real Estate Appellate Tribunal
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"MEMO ON BEHALF OF THE 1ST RESPONDENT
It is submitted as follows:
1. On 04.02.2021, the Appellant filed an Appeal No.(K-REAT)
12 of 2021, before the Karnataka real Estate Appellate
Tribunal seeking quashing of the order dated 02.08.2018,
of the Adjudicating Officer, K-RERA.
2. On 18-03-2021, in Appeal No. (K-REAT) 12/2021, the 1st
Respondent herein filed a Memo stating that, the Appeal
is infructuous, as the 1st Respondent is not enforcing the
delay compensation award dated 02.08.2018, as he is
seeking refund of amount and compensation in Complaint
bearing No.7420/2021, pending on the files of the
Adjudicating Officer, K-RERA (ANNEXURE-F).
3. On 24-06-2021, the Hon'ble K-REAT was pleased to
dismiss Appeal No.(K-REAT) 12/2021 for non-prosecution.
The Hon'ble K-REAT further directed that, the amount
deposited by the appellant with the Tribunal in part
compliance of the proviso to Section 43(5) of the RERA
Act, to be paid to the 1st Respondent -allottee along with
interest if any, accrued thereon by issuing a Cheque or
DD, after the expiry of 30 days from 24-06-2021.
4. It is submitted that, as the 1st Respondent is not
enforcing the order dated 02.08.2018, of the Adjudicating
Officer,
K-RERA
passed
in
the
complaint
bearing
No.CMP/171127/0000274, allowing delay compensation,
the present appeal be allowed."
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He has also filed an affidavit of Mr.Philips, the G.P.A.
Holder of respondent No.1, which reads as follows:
"AFFIDAVIT
I, PHILIPS S/o Titus Gomez, aged about 46 years and
residing at No.1, 1st Floor, 9th Cross, Gullappa Road, near
Venkateshwara tent,
R.S.
Palya, Bengaluru-560003,
Power of Attorney of the 1st Respondent, do hereby
solemnly state and affirm as follows:
1. I state that, Mr. Balan Paravantavida and his wife Mrs.
Sangeeta Balan have executed Power of Attorney dated
10-07-2022, in the U.S.A., in my favour. The said Power
of Attorney has been duly adjudicated by the District
Registrar, Shivajinagar Division. A copy of the said Power
of Attorney is produced along with this affidavit as
Document No.1.
2. I state that, I am aware of the facts of the case and
competent to swear to this affidavit on behalf of Mr. Balan
Paravantavida (1st respondent herein) in my capacity as
his Power of Attorney.
3. I state that, on 04-02-2021, the Appellant herein had
filed an Appeal No. (K-REAT) 12/2021, before the
Karnataka
Real
Estate
Appellate
Tribunal
seeking
quashing of the
order dated 02-08-2018, of the
Adjudicating Officer, K-RERA.
4. I state that, on 18-03-2021, in Appeal No. (K-REAT)
12/2021, a Memo on behalf of the 1st respondent was filed
stating that, the Appeal is infructuous, as the 1st
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respondent is not enforcing the delay compensation
award dated 02-08-2018, as he is seeking refund of
amount
and
compensation
in
Complaint
bearing
No.7420/2021, pending on the file of the Adjudicating
Officer, K-RERA (ANNEXURE F).
5. I state that, on 24-06-2021, the Hon'ble K-REAT was
pleased to dismiss Appeal No. (K-REAT) 12/2021 for non-
prosecution. The Hon'ble K-REAT further directed that,
the amount deposited by the appellant with the Appellate
Tribunal in part complicance of the proviso to Section
43(5) of the RERA Act, to be paid to the 1st Respondent-
allottee along with interest if any, accrued thereon by
issuing a Cheque or DD, after the expiry of 30 days from
24-06-2021.
6. I state that, the 1st Respondent is not enforcing the
order dated 02-08-2018, of the Ad
