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14.19. Section 3(b) of KAOA 1972 requiring ownership, Section 2(d) of RERA 2016 requiring allotment.

He also relies upon the decisions relied upon by

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NC: 2025:KHC:23360 HC-KAR Sri.Pradeep Kumar. In Forum for People's Collective Efforts case, Sobha Hibiscus case, Subbhechha Welfare Society's case. He refers to one other judgment of the Division Bench of this Court in RAMKY ONE NORTH APARTMENT OWNERS COOPERATIVE SOCIETY LTD. VS. MR.A.V.BHASKAR REDDY13. Relying on Ramky One's case, he submits that this court has recognised a Co- Operative Society that consists solely of residential unit owners. On that ground, he submits that writ petition W.P.No.27341 of 2024 is required to be dismissed. W.P.No.5479 of 2023 has been rendered infructuous in view of the final order of the RERA and as such, W.P.No.5479 of 2023 is also required to be dismissed.

7. Whether a direction could be issued by this court directing the developer and all the apartment owners and agreement holders to form an Association under KAOA 1972?

8. Whether the writ petition in W.P.No.5479 of 2023 is rendered infructuous on account of the final order passed by the RERA?

9. What order?

20. I answer the above points as under:

21. Answer to Point No. 1: Whether an Association of Allottees contemplated under the RERA 2016 would include an Association formed under KAOA 1972 or would the Association of Allottees be different from an Association under KAOA 1972? And

21.26. In the present matter, the applicability of RERA 2016 is required to be considered since it is the

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NC: 2025:KHC:23360 HC-KAR Association of Allotees who are required to approach the RERA for necessary orders and it is the Association of Allottees who can lay claim to common areas and amenities with the Allottees being able to lay claim only as regards the apartment, flat or building allotted to the said Allottee in personam. The functioning of the Association of Allottees is not inasmuch as maintenance of the building, but is more as regard to the claim made by the Allottees through their Association against the promoter/developer as regards any discrepancies and or deficiencies in implementation of the project. Thus, the decision in STARNEST APARTMENT OWNERS CO-OPERATIVE SOCIETY LTD, which was dealing with maintenance and held that unless a commercial unit was present in the building, a Co-operative Society cannot be registered

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NC: 2025:KHC:23360 HC-KAR the above matter, one other complaint filed by the allottees in CMP 221116/0010348 has been disposed of by the RERA, and the directions issued have been extracted hereinabove. By way of the said order, the RERA had directed the Registrar of Co-operative Societies to take steps to register the application of Respondent No.8, of which the petitioners in WP No. 5479/2025 are members. In furtherance of the said direction, the Registrar of Co-operative Societies has registered Respondent No.8 in WP No.27341/2024. Thus, insofar as the first and second prayers are concerned, the above petition in WP No. 5479/2023 has been rendered infructuous.