Karnataka Home Buyers Forum (KHBF) members are fighting the court cases in RERA, Consumer Courts, High Court, Supreme Courts and the below listed case references will help the home buyers to refer the landmark judgement happened in different courts to protect the interest of them in their case. Home Buyers are advised to take help of right advocates and take steps accordingly.
| Topic | Description | Court Order Reference |
|---|---|---|
| Common Area land as shown in Schedule A of Sale deed fully belongs to flat owners collectively (25.04.2025) | The Hon’ble High Court of Karnataka ordered in WP 19151 of 2021, order dated 25.04.2025 that, the entire land on which the building is located becomes a common area and every apartment owner would be entitled to an undivided interest over the entire land. The entire land stood in the ownership of the entire apartment owners collectively and the erstwhile landowners possessed no title to seek for approval of plan from the BBMP. | High Court of Karnataka WP 19151 of 2021 order dated 25.04.2025 |
| Sale Deed alone will not confirm the Land Ownership, Revenue Record evidence the executant’s right over the subject property (07.04.2025) | The Hon’ble Supreme Court of India judgment (Civil Appeal No 3954 of 2025 order dated 07.04.2025 – K. Gopi vs. The Sub-Registrar & Ors.), which clearly states if the original deed is not available due to its antiquity, the registration of the presented document will be refused unless the presenter produces a revenue record that evidences the executant’s right over the subject property. If a sale deed is presented for registration, documents must be produced to demonstrate that the executant has acquired ownership of the property. The execution and registration of a document have the effect of transferring only those rights, if any, that the executant possesses. If the executant has no right, title, or interest in the property, the registered document cannot affect any transfer. | Supreme Court order in Civil Appeal 3954 of 2025 order dated 07.04.2025 |
| Registrar of Co-Operative Societies is the competent authority under the act 1972 and Competent Authority to appoint RO for elections (KAOA 1972) (20.12.2024) | The Honorable High Court of Karnataka ordered in WP 34645 of 2024 that Registrar of Co-Operative Societies is the competent authority under the act 1972. This is a very good orders which reconfirms and answers the question on who the competent authority for KAOA 1972 is. The Hon’ble HC also mentioned that the Competent authority to appoint a Election Returning Officer to conduct the elections. Media Publication: https://bangaloremirror.indiatimes.com/bangalore/others/who-is-competent-authority-for-registration-of-rwas/articleshow/117404437.cms | High Court of Karnataka WP 34645 of 2024 order dated 20th December 2024 |
| If there is No Occupancy Certificate/Completion Certificate, then No Electricity, No Water Connection, No Sewerage Connection, No Home Loan from Banks (17.12.2024) | The Hon’ble Supreme Court of India ordered in Civil Appeal 14604 of 2024, the following important landmark judgement: 1) Possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate. 2) The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records 3) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential / commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay 4) All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall be given by the service provider / Board to the buildings only after the production of the completion/occupation certificate 5) In the event of any application / appeal / revision being filed by the owner or builder against the non-issuance of completion certificate shall be disposed of by the authority concerned not later than 90 days 6) Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned 7) The violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution under the respective laws | Supreme Court CIVIL APPEAL NO. 14604 OF 2024 order dated 17.12.2025 |
| Non-Compliance with section 17 of RERA shows the project is an on-going project (10.10.2023) | The Hon’ble Karnataka RERA Authority while disposing the complaint CMP/220803/0009845 highlighted that, the respondent has not conveyed the undivided proportionate title in common area to the complainant association. The non-compliance with section 17 of RERA act itself shows that the project in question is an ongoing project. RERA Authority ordered to complete the project within 60 days, directed to render accounts in respect of expense incurred towards advance maintenance charges collected from allottees and to transfer the entire corpus fund to the complainant association within 60 days from the date of order. | RERA Authority Order CMP-220803-0009845 dated 10th October 2023 |
| Supreme Court orders handover of Mantri Serenity flats to owners (13.02.2023) | The Hon’ble Supreme Court of India on 13th Feb 2023 has ordered in Civil appeal 8418/2022 to Mantri Castles Private Limited to hand over possession of flats in project Mantri Serenity, to home buyers who have made full payment, before March 13, 2023. Reference: https://www.newindianexpress.com/cities/bengaluru/2023/feb/16/sc-orders-handover-of-mantri-serenity-flats-to-owners-2547825.html https://www.moneycontrol.com/news/business/supreme-court-orders-handover-of-mantri-serenity-flats-by-march-13-gives-relief-to-over-1000-homebuyers-10098891.html https://www.kannadaprabha.com/karnataka/2023/feb/16/supreme-court-orders-handover-of-mantri-serenity-flats-to-owners-487564.html | Supreme Court Civil appeal 8418/2022, Santosh Narasimha Murthy & Ors Versus M/s Mantri Castles Pvt Ltd & Ors |
| Common area belongs to flat owners, not builder’: Madras High Court (21-01-2023) | Disposing of a writ petition filed by Abbotsbury Owners Association on 21st Jan 2023, Alwarpet in Chennai, regarding the non-FSI area, justices R Subramanian and K Kumaresh Babu, said, “Once the land is shown as common area and the common facility is developed, the land will belong to the owners of the such common facility.” The court said the builder “had hoodwinked the purchasers by adopting a wrong formula for calculating the undivided share in the land,” and noted that the Undivided share in the land (UDS) is normally calculated by dividing the land area by the total constructed area and multiplying by the size of the apartment. The court directed the builder to ensure the execution of rectification deeds for UDS in favor of each individual flat owner. Reference: https://www.newindianexpress.com/states/tamil-nadu/2023/feb/01/common-area-belongs-to-flat-owners-not-buildermadras-high-court-2543212.html | W.P.No.5765 of 2020_Madras High Court_ABBOTSBURY OWNERS ASSOCIATION VS BUILDER |
| Landowners, Developers jointly responsible for projects delay (27-12-2022) | National Consumer Dispute Redressal Commission (NCDRC) ordered on 27th Dec 2022 in Consumer Case No 3681 of 2017 that, landowners are equally responsible for delay of project along with developers. For Home Buyers: Mr. Bishwajit Bhattacharya, Sr. Advocate Ms. Narayani, Advocate Mr. Chandrachur Bhattacharya Reference: https://www.moneycontrol.com/news/business/landowner-developer-jointly-responsible-for-delayed-projects-ncdrc-9782651.html | NCDRC Consumer Case No 3681 of 2017, order dated 27th Dec 2022 |
| No Occupancy Certificate (OC), No Maintenance (25-01-2022) | National Consumer Disputes Redressal Commission (NCDRC) in Consumer Case No 763 of 2020, ordered that, builders cannot demand maintenance from home buyers without obtaining Occupancy Certificate from the competent authority. The homebuyers don’t need to pay maintenance even if they start living in the apartment by taking Physical Possession of the flat if there is no OC. If the builder failed to get OC, that means the project is yet not complete and it will be considered only paper possession, if the flat is handed over to the home buyers. Advocate: Mr. Chandrachur Bhattacharyya, Mr. Manoj Kumar Dubey Reference: https://timesofindia.indiatimes.com/india/ncdrc-tightens-the-screws-on-builders-for-occupancy-papers/articleshow/89230937.cms | NCDRC Consumer Case No 763 of 2020 order dated 25th Jan 2022 |
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