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Bengaluru apartment owners win battle against developer
The New Indian Express, May 19, 2019

BENGALURU: Failure by a property developer to provide covered car parking as well as original drawings, approvals and other original documents, led to an order by the Consumer Forum asking the developers to pay a fine along with cost of litigation.

The case, heard by the IV Additional District Consumer Disputes Redressal Forum, was filed by the Shanders Springdale Apartment Owners Association, against Bagadia Properties Private Limited. The apartment block is located in Pattanduru Agrahara. The forum, comprising president R K Prathibha and Member N R Roopa, ordered compensation of `2 lakh and cost of litigation of `20,000 to be paid to the association.

In addition, the developer was also asked to provide covered car parking for 28 flat owners, besides handing over all the documents sought by the association. The association members said that over half of all buyers were not provided covered car parking.

“Since these lots are open to the top, any material residents drop, knowingly or unknowingly, will fall on the vehicles. The expert opinion has not been disputed by the Bagadia Properties. Hence, it is clear that, it has not provided covered car parking to the 28 flats”, the forum said.

Examination of the sale agreements by the Forum showed that the developer had collected `2 lakh per unit for the facility. “Once it has accepted the money, it is the duty of the Bagadia Properties to provide the same. Not doing so amounts to unfair trade practice and deficiency in service,” the forum said.

In its counter-argument, the developer claimed that the complaint was filed on false grounds as the association was registered under the Societies Registration Act and not formed by the Registrar of Co-operative Societies, as envisaged under the Karnataka Apartment Ownership Act of 1972.

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