Court orders Bengaluru builder to provide parking space for purchased flat

In a recent ruling, the consumer court in Bengaluru admonished an apartment builder for multiple breaches of contract. The case revolved around a flat purchased from the landowner's share, located in Vasantha Vallabha Nagar, Bikasipura, Bengaluru. The builder, identified as Sri Lakshmi Constructions, faced allegations of not providing covered car parking, neglecting the installation of a sewage treatment plant and rainwater harvesting facility, and failing to secure a BWSSB connection at the property.
The 3rd Additional Bangalore Urban District Consumer Disputes Redressal Commission ordered Sri Lakshmi Constructions to rectify the situation by providing covered car parking, establishing the sewage treatment plant, arranging for a BWSSB connection, and setting up rainwater harvesting facilities. Additionally, the firm was instructed to compensate the complainant with INR 20,000 for mental distress and bear litigation costs amounting to INR 10,000 within two months. Failure to comply within the stipulated time frame would incur a 9% interest on the compensation amount of INR. 30,000.
The complaint stemmed from the purchase of a 2 BHK flat measuring 1,429 sq. ft. on June 17, 2021, through a sale deed from one of the landowners involved in a joint development agreement with the builder. Despite moving into the property on July 1, 2021, the complainant and his family were confronted with substandard materials and services, including the absence of essential amenities like car parking, power connection, sewage treatment, BWSSB connectivity, and rainwater harvesting facilities. Moreover, even after three years of occupancy by the first buyer, no association was formed by the builder, prompting the complaint to be filed with the consumer disputes commission.
In defense, the builder argued that the complainant's status as a consumer was invalid as the property was purchased from the landowners. However, the consumer forum countered this argument, emphasizing that the complainant, through the purchase, effectively stepped into the shoes of the vendor, as outlined in the joint development agreement.
Furthermore, the forum highlighted the failure of the builder to fulfill its obligations, particularly regarding car parking, where 50% of the area fell under the ownership of the buyers, rendering the builder liable for not providing covered parking as promised.

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Court orders Bengaluru builder to provide parking space for purchased flat

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