KREAT Sets Aside K-RERA Order in Sobha Sentosa Dispute

The Karnataka Real Estate Appellate Tribunal (KREAT) has set aside an order previously passed by the Karnataka Real Estate Regulatory Authority (K-RERA) concerning a dispute between homebuyers and the promoter of the Sobha Sentosa project in Bengaluru. The tribunal dismissed the homebuyers' appeal while allowing the appeal filed by the promoter.

The dispute centered around apartments booked in the Sobha Sentosa property, which buyers selected based on model flat displays, architectural layouts, and specifications. The project had received sanction from the Greater Bengaluru Authority on March 4, 2022, following approvals for its master plan, layout, and amenities list, all of which were featured in marketing brochures.

Homebuyers filed complaints alleging that the promoter altered approved plans and project specifications without securing their written consent. Specifically, buyers pointed to modifications in the second and third bedrooms, where advertised French windows were replaced with double-partition ventilator windows, which they claimed reduced natural light and ventilation. They also cited landscape alterations, including the removal of promised features like a gazebo and a Super Tree.

Additionally, the buyers claimed that the promoter demanded payments without obtaining an Occupancy Certificate and failed to register the Agreement for Sale in accordance with Real Estate (Regulation and Development) Act regulations. The complainants sought the restoration of the original window designs, installation of a permanent home-office wall, formal registration of agreements, penalty payouts, litigation costs, the Occupancy Certificate, and first preference rights to lease.

The promoter rejected the allegations, characterizing the complaint as an effort to harass the company. The builder stated that 82 percent of allottees had approved the window design adjustments, asserting that the modification complied with approved plans and did not compromise structural integrity.

The promoter further denied any statutory violations under RERA, stating that unforeseen delays had been formally communicated to buyers, and opposed demands for relief beyond the terms of the Agreement for Sale.

Commenting on the regulatory requirements, Karnataka Home Buyers Forum Convenor Dhananjaya Padmanabhachar stated that promoters are required to secure majority consent from allottees before altering sanctioned plans or modifying project amenities.