Landowner's Appeal Dismissed by Karnataka Real Estate Appellate Tribunal in "SAMEEKSHA" Project Dispute

In a significant development concerning the real estate sector, the Karnataka Real Estate Appellate Tribunal in Bengaluru has dismissed the appeal filed by Sri K.V Naidu, the landowner of a property situated in Singapura Village, Yelahanka Hobli. The appeal was lodged in response to an order issued by the Real Estate Regulatory Authority (RERA) pertaining to a dispute arising from the "SAMEEKSHA" real estate project. This article delves into the details of the case, shedding light on the events leading up to the appeal and the subsequent decision of the appellate tribunal.

Background and Parties Involved:

In the "SAMEEKSHA" real estate project dispute, Sri K.V Naidu, the landowner, filed an appeal with the Karnataka Real Estate Appellate Tribunal in Bengaluru. The appeal was made against an order issued by the Real Estate Regulatory Authority (RERA). The case involved multiple parties, including Sri K.V Naidu, Shriram Properties Pvt. Ltd. (the promoter), and Arindam Guha (an allottee of four flats in the project).

Arindam Guha had faced delays in obtaining possession of the flats and executing registered sale deeds, which prompted him to file a complaint with the RERA. The RERA ordered the promoter to return the balance amount to the complainant within a specific timeframe. Unsatisfied with this decision, Sri K.V Naidu appealed to the Karnataka Real Estate Appellate Tribunal.

However, the appellant's counsel later filed a memo requesting the withdrawal of the appeal, which was accepted by the tribunal. As a result, the appeal was dismissed as withdrawn, but the appellant still has the option to file a revision petition before the Real Estate Regulatory Authority, if permitted by law.

This appeal is filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016 praying to set aside the order dated 29.04.2022 passed in complaint no. CMP/190725/0003461 by the RERA Authority-R3.

RERA's Order and Appellant's Response

After considering the evidence presented by both parties and reviewing the relevant documents, the RERA issued an order on 29th April 2022, ruling in favor of the complainant, Arindam Guha. The order directed the promoter, Shriram Properties Pvt. Ltd., to return the balance amount of Rs. 69,98,247/- to the complainant within 90 days. Failure to comply with this directive would grant Guha the right to enforce the order through legal means.

Dissatisfied with the RERA's decision, Sri K.V Naidu, the landowner and appellant, lodged an appeal with the Karnataka Real Estate Appellate Tribunal. The appeal was filed on 8th February 2023, but the office raised objections, including the non-deposit of a statutory amount stipulated under proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. To address these objections, the appellant's counsel sought additional time, resulting in the appeal being listed for orders on 24th February 2023.

Dismissal of the Appeal

However, on the scheduled date, the appellant's counsel filed a memo before the tribunal, requesting the withdrawal of the appeal. The memo was accepted, and subsequently, the tribunal dismissed the appeal as withdrawn. It is important to note that the dismissal of the appeal does not preclude the appellant from filing a revision petition before the Real Estate Regulatory Authority, provided such action is permissible under the law.

Conclusion

The dismissal of Sri K.V Naidu's appeal by the Karnataka Real Estate Appellate Tribunal marks a pivotal moment in the ongoing dispute related to the "SAMEEKSHA" real estate project. The tribunal's decision upholding the RERA's order serves as a reminder of the authority's commitment to protecting the rights of allottees and enforcing compliance within the real estate sector.

The case not only sheds light on the challenges faced by homebuyers in obtaining possession of their properties but also highlights the importance of the regulatory framework established by the Real Estate (Regulation and Development) Act, 2016. As the real estate sector continues to evolve, such judicial interventions play a vital role in maintaining transparency, ensuring timely delivery, and safeguarding the interests of all stakeholders involved.

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)-42/2023 before the Karnataka Real Estate Regulatory Authority

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