State human rights commission directs DC to take suitable action, asks for report by Jan 10; penalty from builder yet to be collected post 2 years since order
With the revenue department allegedly remaining apathetic towards collecting the penalty imposed on a builder by Real Estate Regulatory Authority (RERA), hapless homebuyers have approached Karnataka State Human Rights Commission (KSHC) seeking a solution to their woes.
A homebuyer approached the KSHRC seeking a direction to the Deputy Commissioner (DC) of Bengaluru Urban to expedite the recovery of a penalty imposed by the RERA on a builder for not delivering the flat on time. Homebuyer Sudhakar Lakshmanaraja told Bangalore Mirror that he has to get around Rs 40 lakh towards compensation from the builder. “I am waiting for the revenue authorities to collect the penalty from the builder as per the Karnataka RERA directive,’’ he said.
Based on his letter, the KSHRC wrote a letter to the Bengaluru Urban DC on December 4 advising to consider the complaint and take suitable action. The KSHRC has directed the Bengaluru Urban Deputy Commissioner to send a report on the action taken by January 10, 2025.
“Dear Human Rights Commission, I am writing to bring to your attention the severe mental and financial distress my wife and I have been enduring due to the inordinate delay in the possession of our booked apartment (B1606, Mantri Manyata Energia). We booked the apartment in 2018, with an expected delivery in 2019.
Despite approaching Karnataka RERA and obtaining favourable orders for compensation, the case has been stalled at the Bengaluru DC’s Office for the past two years,” the letter by Lakshmanaraja read.
He further alleged that the builder has been blatantly disregarding legal and administrative orders, exploiting systemic inefficiencies, and mocking the rule of law at every step. Moreover, he said the lack of action from government officials has exacerbated their suffering, leaving them in an unending cycle of frustration and despair. “I earnestly requested the Human Rights Commission to intervene in this matter, ensure accountability, and direct the authorities concerned to take swift and decisive action. This delay is not just a breach of trust but also a violation of our fundamental right to a dignified life,’’ the letter added.As per the documents available with BM, Karnataka RERA wrote a letter to Bengaluru Urban DC on February 28 and on May 30, 2022, to take measures to collect the penalty from the builder, but nothing has been done to date.
Dhananjaya Padmanabhachar, Sanchalak, Karnataka Home Buyers Forum said that getting justice is a fundamental right of human beings when they are cheated. Homebuyers go to RERA or Consumer Court with the hope that they get justice, but unfortunately the Karnataka RERA is just passing the orders without bothering with their implementation. “In some cases, the RERA is not giving the dates for hearing the complainants for years together. This violates the fundamental human rights. We advise home buyers to register cases with the KSHC or National Human Rights Commission if their rights are violated by RERA or the government employees,’’ he said.
