Residents unite, move Rera authority against builder after decade-long wait in Bengaluru

Time of India

20 hours ago

Bengaluru: After a decade-long wait for flats, Rera authority has adjudicated in favour of a group of homebuyers as the builder had failed to hand over possession of their units as promised.
The Rera order directed the property developer of a Whitefield project to finish pending works, provide occupancy certificates (OCs), and compensate the home buyers for the delay, incomplete amenities, and broken assurances.
The buyers had booked flats under pre-launch offers in 2014-15. The builder promised possession in 36-42 months, with an additional grace period of six months, putting the handover date around mid-2017.
However, the deadline was revised multiple times and even then, the project remained incomplete. The buyers alleged that possession was given in phases only after prolonged pressure, and even then, basic infrastructure and promised amenities were missing.
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Key facilities such as clubhouse, swimming pool, landscaped gardens, lifts in certain blocks, fire safety systems, and the sewage treatment plant remained incomplete for years.
The residents also alleged deviations from the sanctioned plan, including changes in parking layouts and reduction of open spaces. They said some towers still had no OCs, forcing buyers to live in legal uncertainty.
By 2022, after repeated verbal and written assurances by the builder failed to yield results, the residents formed an association to collectively fight the case. Pooling funds, they engaged a legal team and filed a complaint before the Rera authority.
They supported their complaint with allotment letters, email trails, photographs, builder communications, and site inspection reports.
In its defence, the builder denied deliberate delay and attributed setbacks to factors beyond his control, including labour shortages during Covid-19 pandemic, supply chain disruptions, changes in govt regulations, and cost escalations. He claimed most amenities were "substantially complete" and argued possession was offered in phases in good faith.
He also denied any violation of the sanctioned plans.
After hearing both sides, the Rera bench noted the builder had failed to meet the contractual possession date and that several key amenities and statutory compliances were still pending. The authority cited buyer testimonies and inspection findings to conclude the delay and incomplete works were attributable to the developer, not to unavoidable circumstances.
In its July 21 order, the Rera authority directed the builder to complete all pending works within the fixed time frame specified, obtain and hand over occupancy certificates (OCs) for all towers, and compensate the allottees for the delay period, as calculated under the terms of the agreement and provisions of the Real Estate (Regulation and Development) Act.
The association has now constituted a monitoring committee to track the builder's compliance with the Rera directions.
Quote
Ragunathan KC, president, The Greens Buyers Association (TGBA)
"I have been burdened with paying both home loan EMIs and rent for the house we are currently living in, while more than Rs 20 lakh of my hard-earned money remains stuck with the builder. Despite sending multiple letters and making repeated follow-ups, there was absolutely no response, leaving us with no choice but to approach the authorities."
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