Allowed

Shri a Rama Reddy v. Karnataka Real Estate

Karnataka HC5 Jul 2024WP/14684/2024

Case brief

AI extract

What is this about?

Petitioners challenging RERA's ex-parte orders allowing complaints. High Court set aside orders granting last opportunity to appear and file objections before RERA on a fixed date, remitting matter for rehearing while keeping all contentions open.

What did the court decide?

Impugned ex-parte orders allowed against petitioner set aside and matter remitted to RERA with directions to appear and file objections by 12.07.2024.

Shri a Rama Reddy Vs Karnataka Real Estate — Consumer Protection | Karnataka HC (2024)

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1 - NC: 2024:KHC:25420 WP No. 14684 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14684 OF 2024 (GM-RES)

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BETWEEN:

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SHRI. A. RAMA REDDY, S/O LATE ASHWATHA NARAYANA REDDY, AGED ABOUT 50 YEARS, R/ NO.479, 36TH CROSS, 135TH MAIN, 3RD BLOCK, KORAMANGALA BENGALURU URBAN - 560 095.

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SHRI. H.P. RAMA REDDY, S/O LATE CHIKKA PAPAIAH, AGED ABOUT 76 YEARS, R/A NO.255, 36TH CROSS, 5TH MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU - 560 011.

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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(BY SRI. V.B. SHIVA KUMAR, ADVOCATE)

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AND:

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…PETITIONERS

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KARNATAKA REAL ESTATE REGULATORY AUTHORITY, NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027, REPRESENTED BY ITS CHAIRMAN.

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2 - NC: 2024:KHC:25420 WP No. 14684 of 2024

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M/S. PURVA STAR PROPERTIES PRIVATE LIMITED, NO.130/1, ULSOOR ROAD, BENGALURU URBAN - 560 042, REPRESENTED BY SHRI. JATIN UJJINI CS, LEGAL REPRESENTATIVE, (A COMPANY REGISTERED UNDER COMPANIES ACT, 1956)

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SHRI. SUJIT KUMAR PIRI, S/O LATE KRISHNA CHANDRA PIRI, AGED ABOUT 55 YEARS, R/A NO.B-707, PURVA WESTEND APARTMENTS, HOSUR ROAD, NEAR KUDLU GATE METRO STATION, KUDLU, BENGALURU URBAN - 560 068.

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SHRI. MOULEESWARAN RAJARAM, S/O RAJARAM,

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AGED ABOUT 38 YEARS,

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THARANI ARUMUGAM, W/O MOULEESWARAN, AGED ABOUT 38 YEARS,

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RESPONDENTS 4 AND 5 BOTH ARE R/A NO. B-405, PURVA WESTEND NEAR KUDLU GATE METRO STATION, KUDLU, BENGALURU URBAN - 560 068.

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SHRI. SRIKANTH KURRA, S/O BALAKRISHNA KURRA, AGED ABOUT 41 YEARS, R/A VILLA NO.49, CONFIDENT BELLATRIX, SARJPURA, ATTIBELE 'E' MAIN ROAD, NEAR INDUS INTERNATIONAL SCHOOL,

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3 - NC: 2024:KHC:25420 WP No. 14684 of 2024

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BENGALURU URBAN - 562 125.

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SHRI. SANTOSH ARJUN NUTHANAGANTI, S/O NUTHANGANTI, AGED ABOUT 38 YEARS,

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SMT. SUSHMA PODILA, W/O SANTHOSH AGED ABOUT 34 YEARS, RESPONDENTS 7 AND 8 BOTH ARE R/A NO.4721, PRESTIGE KEW GARDENS, YAMALURU MAIN ROAD, BELLANDUR, BENGALURU URBAN - 560 037.

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SHRI. RAJAT AGARWAL, AGED MAJOR, R/A NO.664, DRS RAINBOW HEIGHTS, 24TH MAIN, HSR LAYOUT SECTOR-2, BENGALURU URBAN - 560 102.

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SHRI. NARESH CHAND AGARWAL, AGED MAJOR, R/AT NO.664, DRS RAINBOW HEIGHTS, 24TH MAIN, HSR LAYOUT SECTOR-2, BENGALURU URBAN - 560 102. …RESPONDENTS (BY SRI. I.S. DEVAIAH, ADVOCATE FOR R1; SRI. PRADEEP NAYAK, ADVOCATE FOR R4 TO R10; R2 AND R3 ARE DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE FOLLOWING ORDERS (1). ORDER DATED 20.02.2024 PASSED IN

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…RESPONDENTS

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NC: 2024:KHC:25420 WP No. 14684 of 2024

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COMPLAINT NO. CMP/01590/2023 PASSED BY THE FIRST RESPONDENT AUTHORITY, WHICH IS PRODUCED AS ANNEXURE-A AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, petitioners are aggrieved by the impugned orders at Annexures-A, A1, A2, A3 and A4 dated 20.02.2024, passed by respondent No.1-RERA, whereby the complaints given by respondent Nos.4 to 10 against the petitioners and respondent No.2-Developer/Builder, which was allowed.

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2. A perusal of the impugned order and material on record will indicate that it is an undisputed fact that the petitioners were placed Ex-partae before respondent No.1-RERA and neither entered appearance nor filed their statement of objections. According to learned Counsel for the petitioners, the inability and omission of the part of the petitioners to appear before respondent No.1-RERA and contest the proceedings, was due to bonafide reasons, unavoidable circumstances and sufficient cause.

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5 - NC: 2024:KHC:25420 WP No. 14684 of 2024

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3. Per contra, it is submitted on behalf of respondent Nos.4-10/complainants that no indulgence can be shown in favour of the petitioners, who did not exercise due diligence in appearing and contesting the matter.

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4. However, having regard to the fact that respondent No.1-RERA has passed the impug ned exparte order in the proceedings, which were not contested by the respondents, in order to provide one last opportunity in favour of the petitioners to appear and contest the proceedings, by adopting justice oriented approach, I deem it just and appropriate to set aside the impugned orders and remit the matter back to respondent No.1-RERA for reconsideration afresh, in accordance with law within a stipulated time frame.

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In the result, I pass the following:

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i) The petition is hereby allowed. ii) The impugned order at Annexures-A, A1, A2, A3 and A4, dated 20.02.2024, passed by respondent No.1-RERA are hereby set aside. iii) Matter is remitted back to respondent No.1-RERA for reconsideration afresh, in accordance with law.

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6 - NC: 2024:KHC:25420 WP No. 14684 of 2024

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iv) Petitioners and respondent Nos.4 to 10 are directed to appear before respondent No.1-RERA on 12.07.2024, without awaiting for further notice from respondent No.1-RERA.

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v) On that day i.e., on 12.07.2024, the petitioners shall file their statement of objections to the complaints without seeking any adjournments under any circumstances, whatsoever.

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vi) It is made clear that in the event, petitioners do not appear or file their statement of objections on 12.07.2024 as directed in this order, the present order shall stand recalled and the impugned order shall stand revived without further orders and without reference to the Bench.

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vii) Upon the petitioners and respondent Nos.4 to 10 appearing before respondent No.1-RERA on 12.07.2024 as stated supra, respondent No.1-RERA shall hear both sides and proceed

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NC: 2024:KHC:25420 WP No. 14684 of 2024

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further to dispose of the matter on or before 12.08.2024.

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viii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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Sd/JUDGE

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PHM List No.: 1 Sl No.: 5 CT: BHK

Shri a Rama Reddy v. Karnataka Real Estate

Case brief

What is this about?

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Shri a Rama Reddy v. Karnataka Real Estate

Case brief

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