P. V. NIDHISH Vs. SIVAPRAKASH

JUDGEMENT

(1.) The appellants are the legal heirs of the respondent in Complaint No. 17/2020 of the Kerala Real Estate Regulatory Authority ('the K-RERA' for short).

(2.) The complainant is the Apartment Owners Association of the project of the respondent by name 'Orchid Garden-PVS Park' located at Govindapuram, Kozhikode. The Complainant/Association sought direction to the respondent to execute a registered conveyance deed in favour of the Association with respect to the undivided proportionate title in the common area in accordance with the Rules and to direct the respondent to handover all the relevant original documents in connection with the entire apartments.

(3.) The main grievance of the complainant is that the project of the respondent consisted of four blocks namely, A, B, C, and D, having a total number of 64 flats in a total area of 167 cents, that the common area for the above four blocks is included in the 167 cents, but the respondent used only 126 cents for the said blocks and common area and the balance 41 cents are in the possession of the respondent and the respondent is trying to make new construction therein without handing over possession of the common area and without delivering the documents such as Building Permit, Sanctioned Plan, Deeds, Occupancy Certificate, NOC from Pollution Control Board to the complainant.