Failure to Complete 'Jaithra Towers' Project: Appellants Withdraw Appeal in RERA Case

In a recent development, the Karnataka Real Estate Appellate Tribunal witnessed the withdrawal of an appeal filed by the appellants, Sri R.N Manjunath and Sri P. Manjunatha Reddy, in a case related to the 'Jaithra Towers' project. The appeal was filed against the order passed by the Karnataka Real Estate Regulatory Authority (RERA), which ruled in favor of an allottee who sought a refund due to the promoter's failure to complete the project on time. This article delves into the details of the case, the reasons behind the appeal withdrawal, and its implications.

Background and Parties Involved:

The appellants, Sri R.N Manjunath and Sri P. Manjunatha Reddy, are the landowners of the property bearing Sy. No.76/3C located in Chandapura Village, Attibele Hobli, Anekal Taluk. They entered into a Joint Development Agreement to develop the property into the 'Jaithra Towers' real estate project. One of the allottees, Sri Kumaran. S, entered into an Agreement for Sale with the promoter, M/s Balaji Builders & Developers, for the purchase of a flat in the project.

Alleging non-completion of the project within the agreed timeframe, Sri Kumaran. S filed a complaint with RERA, seeking a refund of the entire amount paid, along with interest. After hearing the parties and examining the documents, RERA passed an order on October 28th, 2022, in favor of the allottee, directing the promoter to register the project and refund the amount paid with interest.

This appeal is filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016 praying to set aside the order dated 28.10.2022 passed by the RERA Authority-R1 in complaint no. CMP/190830/0004013.

The Appeal and Subsequent Withdrawal:

Aggrieved by the RERA order, the appellants filed an appeal under Section 44 of the Real Estate (Regulation and Development) Act, 2016. The appeal, bearing case number FR No. (K-REAT)-113/2022, sought to set aside the order dated October 28th, 2022. The appellants were represented by Sri M.L Gowda of M.L Gowda & Associates, Advocates.

However, the appeal faced several objections, including the non-deposit of the statutory amount as mandated under the proviso to Section 43(5) of the Act. To address these objections, the appellants were granted multiple extensions of time. Eventually, on February 27th, 2023, a memo was filed by the learned counsel and the appellants, seeking permission to withdraw the appeal as it was not pressed.

Implications and Conclusion:

The withdrawal of the appeal signifies a significant development in the 'Jaithra Towers' project dispute. While the specific reasons for the appeal withdrawal are not explicitly stated in the available information, it can be inferred that the appellants may have considered it more viable to withdraw the appeal rather than proceed with the legal battle.

The withdrawal of the appeal has consequential effects on the RERA order, which remains upheld. Consequently, the promoter, M/s Balaji Builders & Developers, is bound by RERA's directives to register the project and refund the amount paid by the allottee, Sri Kumaran. S, along with interest.

This case serves as a reminder of the importance of adhering to the agreed timelines and obligations in real estate development projects. Allottees, as well as landowners and promoters, must ensure transparency, accountability, and timely completion of projects to maintain the trust and confidence of buyers.

Conclusion

The withdrawal of the appeal by the appellants in the 'Jaithra Towers' project dispute highlights the complexity and challenges often faced in the real estate sector. The RERA order, which ruled in favor of the allottee seeking a refund, remains intact. Such cases emphasize the need for strict adherence to regulatory guidelines and the timely completion of real estate projects to protect the interests of all stakeholders.

Note: The information provided in this article about Karnataka Real Estate Regulatory Authority (KRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the FR No. (K-REAT)-113/2022 before the Karnataka Real Estate Regulatory Authority

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