Karnataka Real Estate Appellate Tribunal Dismisses Appeal in 'Jaithra Towers' Case
Karnataka Real Estate Appellate Tribunal dismisses appeal in 'Jaithra Towers' case, upholding the RERA Authority's order. A significant decision impacting real estate regulations. #KarnatakaRealEstate #JaithraTowers #RERA #RealEstateDispute
In a significant development concerning the 'Jaithra Towers' real estate project in Karnataka, the Karnataka Real Estate Appellate Tribunal has dismissed the appeal filed by the landowners. The appeal sought to challenge the order issued by the Karnataka Real Estate Regulatory Authority (RERA) regarding a complaint filed by an allottee. The tribunal's decision marks a turning point in the legal battle surrounding the project, leaving the RERA's order intact. Let us delve deeper into the details of this case and understand the implications.
Case Background:
The case, bearing FR No. (K-REAT)-112/2022, involves Sri R.N. Manjunath and Sri P. Manjunatha Reddy, the landowners, as the appellants. They had entered into a Joint Development Agreement for the property located in Chandapura Village, Anekal Taluk. The project, known as "Jaithra Towers," aimed to transform the land into a real estate development.
The dispute arose when Cathrine, the third respondent, an allottee who had purchased a flat in the project, lodged a complaint with the RERA Authority. The complaint highlighted the promoter's failure to complete the project within the stipulated time mentioned in the Agreement for Sale. Cathrine sought a refund of the entire amount paid, along with interest.
RERA Authority's Order:
After carefully considering the arguments and examining the relevant documents, the RERA Authority, represented by its Secretary, issued an order on October 28, 2022. The order favored the allottee, ruling in her favor. It directed the promoter, M/s Balaji Builders & Developers, represented by Sri Srinivasa Murthy T.V, to register the project and refund the entire amount paid by the allottee, along with interest.
Appeal and Proceedings: Aggrieved by the RERA Authority's order, the landowners, Sri R.N. Manjunath and Sri P. Manjunatha Reddy, filed an appeal before the Karnataka Real Estate Appellate Tribunal. The appeal, filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016, sought to overturn the RERA Authority's decision and set aside the order.
However, the appellants encountered obstacles during the appeal process. The office raised objections, including the non-deposit of a statutory amount as mandated by proviso to Section 43(5) of the Act. Despite multiple extensions granted to comply with the objections, the appellants failed to meet the requirements.
Tribunal's Order:
On the scheduled day of the hearing, the appellants' counsel filed a memo requesting permission to withdraw the appeal, stating that it was not being pressed. The Karnataka Real Estate Appellate Tribunal accepted the memo, leading to the dismissal of the appeal.
In addition, the appellants' counsel submitted another memo seeking permission to retrieve the second and third sets of appeal papers for alternative use. The tribunal granted permission for the return of these documents.
Conclusion:
The Karnataka Real Estate Appellate Tribunal's dismissal of the appeal in the 'Jaithra Towers' case upholds the RERA Authority's order, solidifying the allottee's position. This decision emphasizes the significance of adhering to statutory requirements and complying with the provisions of the Real Estate (Regulation and Development) Act, 2016. It sets a precedent that non-compliance can lead to serious consequences for the parties involved in real estate disputes. As the legal battle reaches a conclusion, attention turns towards the completion of the 'Jaithra Towers' project and the fulfillment of obligations towards the allottees.
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)-112/2022 before the Karnataka Real Estate Regulatory Authority
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