State Consumer Disputes Redressal Commission
Sreevari Vista Ahk Residents Welfare ... vs M/S Sreevari Projects Represented By ... on 7 April, 2026
Complaint tned,on:22 lO2l2024
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Complaint disposed on: OT /04l2026
BENORE TTIE IURITATAIq STATE CO.IISI'UER DISPUTES
RTDRESSAL COMUTSSIOT, BEI|GALURU. (AI,DL.
BEIICHI
DATED THIS TIrE O7r DAy O[. ApRrL, 2026
PRESEIYT
CORAM: HOIT'BLE sRI RAVI SHAIYI(AR, JUDICIAL MEMBER
HOIY'BLE SMT. STTITITA C.BAGEWADI, LADY uEMBER
sct29t cct L8t 2024
SREEVARI VISTA AHK RESIDENTS
WELFARE ASSOCIATION,
Represented by its president
Mr. Mohan.M
Aged about 54 years, ....Complalnant/s
S/o Muniswamy J.K
R/at: Flat No.303,
Sreevari Vista AHK apa-rtments,,
Mangammanapalya Main Road,
Hongasandra ward,
Bommanahalli Post, Bangalore-560064.
@g Sti/Sml l*elaRqfia Adoocate)
-Vetsus-
M/S SREEVARI PROJECTS,
Represented by its partner Mr.Rajasekar
R/at: No.S, 4th Cross, 22oa Main,
JP Nagar 56 Phase, Bangalore. .., Oppostte party/s
Also at: FIat No.302, SLV Diya elite,
Serenity Layout, Kaikondrahalli Village,
Bangalore-560035.
( F,ryat+e)
.t
*,t29 tcct t8t20,24
ORDER
,B The complainant submits that, they are the members of SREEVARI VISTA AHK RESIDENTS WELFARE ASSOCIATION who are the flat owners and have purchased from the op. Even wittrout completion of the project, civil work with the false assurance given by the OP, all the pending work will be completed before Januar5r 2027 the flat owners occupied the respective flats. The Complainant further submits that, after occupation of ttre flats, in spite of several requests and reminders the op did not resolve the lssues such as;
1. Borewell chamber construction,
2. Drainage chamber construction,
3. Borewell water pipeline area protection,
4. Building front elevation work,
5. Terrace water leakage issues,
6. Weather proofing work,
7. Basement car parking water leakage issues,
8. Lift pit walls water leakage,
9. Security room provision at the entrance, 2 s,C129 lcctrat 2024
10. Common area BESCOM connection meter transfer to the association,
11. BWSSB sewage Connection Approval.
Further, the OP has received R'.3,OO,OOO/- from each flat owners for the purpose of BWSSB and KEB connection out of wtrich, the BWSSB connection is still pending. Further, the Op collected Rs.25,000/- per each flat towards the corpus fund and failed to transfer the said amount to the association. Further, the builder has not complied the plan approval issued by the BBMP hence, the BBMP rejected "A" Katha of ttre apartment. Regarding these issues complainant issued letters dated 21.03.202I, 2g.O1.2O22 and, o6.Lo-2o22 to oP to comprete the civil works and others. However, the OP fafled and neglected to perform their part of obligations as agreed. Hence, the complainant issuEd leqal notice dt.Og.12.2023 to the oP calling upon the op to complete the above mentioned pending work within 3O days from ttre date of receipt of the legal notice. Ttre said notice served on the builder and the other has been return as "Addressee left". However, in spite of complete ttre pending works, the Op has given vague reply. Hence, the complaint.
3act29lccttat20,24
2. After issuance of the notice of this commission, ttre notice returned unserved as "Ieft" on 21.10.2024 hence, we direct the complainant to take the substitute service by way of paper publication. Accord.ingly, on 03.03.2025 the comprainant filed an application u/s 5 rule of 20 of CpC to take substitute service by way of paper publication in ttre regional newspaper "Kannada Prabha" and "Indian Brpress". In spite of seryice of the notice through paper publication op remained absent hance, placed expa-rte.
3. Complainant filed their evidence a.ffidavit and marked the documents as Ex.C-1 to Ex.C_11.
4. Heard arguments from the complainant.
5' on perusal, thd fouowing points will arise for our consideration;
(1) Whether the complainant has proved the deficiency of service on the part of ttre Opposite party?
(21 whether the complainant is entitred for the reliefs as sought?
(3) What order?
4 sct29tcclta120/246. The findings to ttre above points are;
(1) In ttre affirmative (21 In the partly alfirmative (3) As per the final order REASOITS
8. Potat ltlor.l aad 2:- perused the contents of the complaint, evidence allidavit of the complainant, documents on records we noticed that, the members of the complainant SREEVARMSTA AHK RESIDENTS WELFARE ASSOCIATION purchased the flats from the OP and occupied tlre same. On the assurance given by the OP even though the project was not completed completely and on the assurance of the pending work will be completed before January 2O2l by the Op, the members of the complainant occupied the said flats. After occupation of the flats, the complainant issued several remainders and also requested through phone calls to complete the pending works and others but, the OP not completed the same. perused ttre photographs produced by the complainant it is noticed that, stilr there are so many works to be completed by the Op. Even though, in spite of service of legal notice, the Op neglected to perform their part of 5 sc/ 29lcc ltat 4 obligations as agreed. The said arlegations of trre complainant are true and believable because, in spite of service of notice through paper publication Op remained absent and placed exparte.
Hence, the allegations made by the complainant remained unchallenged. It is well settled legal position that, in spite of severar requests, letters and legal notice trre op had not completed the civil works and other amenities as agreed amounts to deficiency of service on the part of the oP. Hence, considering the facts and discussion made here we are of the opinion that, the complainant has proved the deficiency of service on the part of the Op.
09. Polnt lfo.B: In view of above discussion, we proceed to pass the following:-
ORDER The complaint filed by the complainant is allowed in part. The Opposite parfy is directed to complete the pending works and other amenities agreed by the Op.
Ftrrther, OP is directed to pay sum of RS.5,OO,OOO/_ towards deficiency of service and mental agony to the complainant. 6
sc/ 29lCa ltat 4 Further, the Opposite party is directed to pay Rs.25,000/_ as a litigation costs to the complainant.
Further, the Opposite party is directed to comply the above order within 45 days from the date of receipt of this order. Fafling which, the payable amount of Rs.5,00,000/_ shall carryr interest @60/o p.a. from the date of default till realization.
Send a copy of this order to both parties.
-AL\ '*'14
stlfr.su,g?t C.BASEWADT
(Iadg Membe) Member)
JP/-
7
129 lcc lt8 4
//ArYrrExIrRr//
wi d for the com ll ts slde:
Mr. Mohan M, S/o Muni swamy, who being the complainant has filed his allidavit.
Ltut of doc 'ments file dbv the com plalnan t:
1 Ex.Cl: Copy of the manifest of t]le SREEVARI VI STA-AH. 2 Ex.C2: Copy of the photos of incomplete work.
3 Ex.C3: Copy of the incomplete work list and agendas.
4. Ex.C4: Copy of the No dues /No objection certificate from the complainant dated: 30th N ov 2O2O. : P*.9q, Copy "Occupancy certificate" from BBMp.
6. Ex.C6: Copy of the attention letter to complete all pending work at Sreevari Vista apartment from 7^. E_x.17: Copy of the legal notice "o*ptair.rt.
from complainant to Op.
8. Ex.CS: Copy of t!e^ tegal notice to Opposite parry from complainant dt: 08. t2.2O23.
9. Ex.C9: Copy of the absolute sale deed.
10. Ex.C10: Copy of the registration certificate.
11. Ex.C11: Copy of the SREEVARI VISTA price tist trll't LX (SUIYTTA.C.BAGEWADT) JP L.IIDY UEUBER 8