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Bengaluru real estate: Can homebuyers approach Human Rights Commission if the builder delays in handing over the flat?
A Bengaluru buyer has approached the Human Rights Commission for relief after the builder delayed in handing over the flat despite several KRERA orders
Distressed over the delay in getting possession of his apartment and the compensation ordered by RERA, a homebuyer in Bengaluru has now approached the National Human Rights Commission.
The NHRC, in turn, wrote to the Karnataka State Human Rights Commission (KHRC), which has now written to the Karnataka RERA secretary and the deputy commissioner of the revenue department to take action and submit a report on the action taken to help the buyer, documents accessed by HT.com show.
“The delay is not just a breach of trust but also a violation of our fundamental right to a dignified life,” the buyer said in his complaint.
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Sudhakar Lakshmanaraja has been waiting for five years for his apartment in north Bengaluru to be delivered. The project was to be handed over by 2019.
"Despite multiple KRERA orders addressed to the deputy commissioner (revenue department) to recover the penalty from the builder, the builder has not paid us anything. Nothing has been resolved. As a last resort, I have approached the National Human Rights Commission and am waiting for justice," Lakshmanaraja was quoted as saying.
Submit report by January 9: KHRC
KHRC has written to the deputy commissioner of the revenue department that despite Lakshmanaraja's complaint to KRERA to recover the funds for the delayed apartment, the district collector's office is not following the orders of Karnataka RERA for the last two years.
“Take appropriate action and submit a report by January 9, 2024,” the notice sent on December 4 said.
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This is what legal experts have to say
Legal experts say when a project is delayed in the state, the homebuyers can file a complaint at KRERA to recover their money. On its order, the state's revenue department will recover the amount, in the form of land arrears, from the respective developers.
In some cases, homebuyers have already invested over 80% of their savings to buy homes. "With multiple KRERA orders left to be fully executed and slow recovery at the revenue department, the homebuyers have started approaching the Commission as a last resort," Advocate Reynold D'souza said.
"After KRERA issues the recovery order, the deputy commissioner’s office (revenue dept) will notify the builder and recover the money. It is collected as revenue from land arrears. However, a slow recovery has left the homebuyers with no choice," Vittal BR, an advocate at the High Court of Karnataka, said.
According to a KRERA document dated August 2024, the Karnataka developers owe homebuyers more than ₹486 crore in refunds for delayed apartment delivery.
Can buyers file a complaint with the Human Rights Commission if their homes are delayed?
Legal experts said that after receiving a complaint, the Commission sends a notice to the respective government bodies to submit compliance reports.
"In this case, the Commission will send notice to the Karnataka RERA and the deputy commissioner (revenue department) to file their compliance reports within a certain period of time. This can be done to protect the homebuyers' right to life as they have invested significant funds and savings to purchase their dream homes," D'souza added.
Legal experts say that while homebuyers can approach the Human Rights Commission for justice, it will ultimately turn into a civil case requiring the intervention of state government departments like KRERA to provide relief. However, this can be done to put further pressure on state government departments to carry out the outstanding orders and implement the reliefs, they said.
"A person can file their complaints at multiple forums available, for example, RERA, national consumer forum, national tribunals or even the High Courts given that their request for reliefs are different for each case," D'souza.
