BENGALURU: The Karnataka Real Estate Appellate Tribunal (KREAT) has set aside an order passed by the Karnataka Real Estate Regulatory Authority (K-RERA) in a dispute involving homebuyers and the promoter of Sobha Sentosa. It dismissed the homebuyers’ appeal while allowing the promoter’s appeal.
The dispute concerns flats booked in the Sobha property based on the model flat and specifications shown to the buyers. The Greater Bengaluru Authority (GBA) sanctioned the project on March 4, 2022, based on the approved master plan, architectural layout and list of amenities. These details were also featured in the project’s brochure and promotional material. The homebuyers alleged that the promoter made several changes to the approved plans and project features without obtaining their written consent.
Among the changes cited were modifications to the agreed-upon design of the second and third bedrooms. The French windows shown to the buyers were replaced with double-partition ventilator windows, which the homebuyers said reduced natural light and ventilation. They also alleged that changes were made to the landscaping, including the removal of features such as the Super Tree and gazebo, which were part of the originally marketed concept.
The homebuyers further alleged that the promoter demanded payments despite not securing the Occupancy Certificate and failing to complete registration of the Agreement for Sale as required under the Real Estate (Regulation and Development) Act (RERA).
The homebuyers sought correction of the window design, a permanent home-office wall, registration of the Agreement for Sale, litigation costs, a penalty, the First Preference Right to Lease and the Occupancy Certificate. The promoter denied the allegations, calling the complaint an attempt to harass the company. It said 82% of purchasers approved the window changes, which it maintained complied with the approved plan and did not affect structural integrity. It also denied RERA violations and said delays caused by unforeseen circumstances had been communicated to homebuyers. The promoter opposed demands for benefits beyond the Agreement for Sale.“Promoters have to obtain the consent of the majority of allottees to change the plan and modify the amenities,” said Karnataka Home Buyers Forum Convenor Dhananjaya Padmanabhachar.
