H. SHYAMASHETTY Vs. PROVIDENT HOUSING LTD.

JUDGEMENT

(1.) Present writ appeal is against the order dated 02. 01.2023 passed in W.P.No.18448/2021(GM-RES) by which the writ petition filed by the respondent no.1/writ petitioner was allowed by learned Single Judge by setting aside the order dtd. 30/9/2020 passed by the respondent No.2-Karnataka Real Estate Regulation Authority.

(2.) The aforesaid writ petition was filed by the respondent No.1/writ petitioner contending that it is in the business of real estate development and the appellant/respondent No.2 had filed an application for allotment of an apartment in one of the projects of the respondent no.1/writ petitioner and was allotted a flat bearing No.SUN-II-5G-506 on the 5th floor of apartment complex knows as "Provident Sunworth" constructed on the land bearing Sy.No.1 to 26 of Venkatapura village, Kengeri Hobli, Bengaluru. Agreements of sale and construction both dtd. 10/9/2014 was entered into on the basis of commencement certificate that was issued by the Bangalore Development Authority. That the construction building was completed and first partial occupation certificate was issued by the Bangalore Development Authority on 18/11/2015 and the second partial occupation certificate was also issued. In the meanwhile, the appellant /respondent No.2 sought cancellation of the agreement on the ground that he had learnt that land on which construction work was done, was not acquired legally and that the respondent No.2/writ petitioner had not obtained any communication from the competent authority with respect to acquisition of land. The respondent No.1/writ petitioner acceded to the request of the appellant/respondent No.2 for cancellation of agreements and allotment made in his favour and refunded a sum of Rs.17,85,212.00 on 4/12/2017 after deduction of cancellation of charges and applicable taxes.

(3.) Long after receipt of said amount, appellant/respondent No.2 approached the respondent No.1/Karnataka Real Estate Regulatory Authority (RERA) seeking refund of an amount of Rs.6,84,494.00 along with interest. Though objections with regard to maintainability of the said complaint before respondent No.1 was raised, the respondent No.1/RERA passed the order dtd. 30/9/2020 directing the respondent No.1/writ petitioner to refund a sum of Rs.6,84,494.00 to the appellant/respondent No.2 within 60 days from 30/9/2020 failing which it was directed said amount would carry 2% interest per month. Aggrieved by the said order, respondent No.1/writ petitioner approached this Court by filing said writ petition.