Allowed

Lakepoint Builders Private Limited v. Karnataka Real Estate Regulatory Authority

Karnataka HC18 Sept 2024WP/15443/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition challenging an RERA order directing a builder to pay a consumer. The court quashed the order after parties submitted a joint memo confirming an amicable settlement of the dispute.

What did the court decide?

The impugned order dated 13.05.2024 passed by RERA in Complaint No. CMP/01544/2023 is quashed; the complaint stands dismissed.

Lakepoint Builders Private Limited Vs Karnataka Real… — Consumer Protection | Karnataka HC (2024)

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1 - NC: 2024:KHC:38336 WP No. 15443 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 15443 OF 2024 (GM-RES)

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BETWEEN:

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LAKEPOINT BUILDERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AT HOUSE OF HIRANANDANI NO.757/B, 100 FEET ROAD, HAL 2^ND STAGE, INDIRANAGAR, BENGALURU-560038 REPRESENTED BY ITS AUTHORIZED SIGNATORY MS. AMRUTA SULAKHE

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…PETITIONER

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(BY SRI. A V NISHANTH., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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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-560027 REPRESENTED BY ITS SECRETARY.

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SRIKANTH CHANDRASHEKAR FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED MAJOR NO.178, 2ND FLOOR, NATAKA RATHNA GUBBI VEERANNA ROAD SS PURAM, BENGALURU-560020.

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SWETA SHET ASSISTANT MANAGER / CRM

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2 - NC: 2024:KHC:38336 WP No. 15443 of 2024

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LAKEPOINT BUILDERS PRIVATE LIMITED HOUSE OF HIRANANDANI 757/B, 100 FEET ROAD, HAL 2^ND STAGE, INDIRANAGAR BENGALURU-560038.

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KUMAR JAISON ASSISTANT VICE PRESIDENT LAKEPOINT BUILDERS PRIVATE LIMITED HOUSE OF HIRANANDANI 757/B, 100 FEET ROAD, HAL 2^ND STAGE, INDIRANAGAR BENGALURU-560038.

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…RESPONDENTS

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(BY SRI. RAJASHEKHAR K., ADVOCATE FOR R1; SRI. T SESHAGIRI RAO, ADVOCATE FOR R2; R3 & R4 ARE SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 13.05.2024 PASSED BY R-1 IN COMPLAINT NO. CMP/01544/2023 VIDE ANNX-A.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner has challenged the order dated 13.05.2024, passed by the Karnataka Real Estate Regulatory Authority (hereinafter referred to as "RERA"), at Annexure-A, whereby the petitioner was directed to pay a sum of Rs.7,23,418/- along with the applicable rate of interest.

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The parties are present before this Court and have submitted a joint memo of settlement, indicating that they have amicably resolved their dispute. In terms of the settlement, the respondent No. 2 has agreed and consented to accept a sum of Rs.6,88,000/- towards the

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3 - NC: 2024:KHC:38336 WP No. 15443 of 2024

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full and final settlement of their claim, including the refund of the booking amount against the petitioner. The joint memo has been placed on record.

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A demand draft for the sum of Rs.6,88,000/- has been handed over to the learned counsel for respondent No. 2, which is acknowledged, subject to realization.

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In light of the settlement reached between the parties, and considering that the petitioner has paid a sum of Rs. 6,88,000/- to respondent No. 2 towards the full and final settlement of their claim, the impugned order is hereby set aside.

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Accordingly, I pass the following:

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ORDER

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i) The writ petition is allowed.

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ii) The impugned order dated 13.05.2024 passed in Complaint No.CMP/01544/2023 by the respondent No.1 at annexure-A is hereby quashed and consequently the complaint filed by the respondent No.2 stands dismissed.

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Sd/-

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(HEMANT CHANDANGOUDAR) JUDGE

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Lakepoint Builders Private Limited v. Karnataka Real Estate Regulatory Authority

Case brief

What is this about?

What did the court decide?

Lakepoint Builders Private Limited v. Karnataka Real Estate Regulatory Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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