RERA Rejoinder

IN THE REAL ESTATE REGULATORY AUTHORITY
AT BENGALURU
Complaint No. CMP/UR/ /000000
BETWEEN
Mr. Shekar HM Complainant
AND
M/s Engineering
Construction Private Limited Respondent
REJOINDER TO THE STATEMENT OF OBJECTIONS

FILED BY THE RESPONDENT
The Petitioner submits as follows –
1. The above Complaint has been filed seeking for refund and
compensation from the Respondent with respect to Flat No. 665,
measuring 1458 sq.ft, 2nd floor, “A” Block in the residential
complex known as “Infinity” at Hanna Village, Kasaba Hobli, Taluk.
In this regard, the above parties entered into an Agreement for
Sale on 31.08.2015 for a Sale Consideration of Rs. 49,33,536/-
including stamp duty and other charges (Rupees Forty-Nine Lakhs
Thirty-Three Thousand Five Hundred and Thirty-six Only). The
Agreement stated that the fully completed flat will be handed over
by 01.08.2016, that is, within one year of execution of the
Agreement.
2. Based on the assurances made and the Agreement, the
Complainant has paid an amount of Rs. 46,93,506/-. However,
neither was project completed by 01.08.2016, nor there was any
handover of the flat purchased as per the terms of the Agreement.
Therefore, having left with no other option, the Complainant filed
the above complaint seeking for refund of the amounts already
paid along with interest/compensation for delay and non-delivery.
3. The Respondent for a prolonged period of non-appearance
for the same, has appeared during the last hearing and filed their
objections to the complaint. This Rejoinder is being filed in
response to the said objections filed.
4. It is pertinent to note that the averments made by the
Respondent in Para No. 8 are not only false and untrue but is an
offence as forged, tampered, false, created documents have been
submitted before this Hon’ble Authority. The Respondent has
placed false, fabricated documents before this Hon’ble Authority
claiming the they had allegedly acquired Occupancy Certificate on
15.12.2016, marked as Annexure A to the Objection. In this regard
it is pertinent to note that, the alleged Occupancy Certificate dated
15.12.2016 is not issued by the competent authority. It is issued

by Panchyath office which does not have the authority or
jurisdiction to do so. The Respondent is called on record to submit
the sanction plan and other documents to establish the competent
authority.
5. Further, the alleged Occupancy Certificate dated 15.12.2016 is
created and concocted document. It is humbly submitted that the
Respondent themselves have emailed the Claimed on 20.03.2017
and 08.06.2017 stating in clear terms that the project is not ready
and that Statutory sanctions and permissions are still being
pursued. Further, if the Respondent indeed had the alleged
Occupancy Certificate, the same however was not shared with the
Complainant at any stage prior to this Objections in the year 2024.
A copy of the email dated 20.03.2017 and 08.06.2017 are marked
and enclosed as “Document No. 1 & 2”.
6. It is submitted that the other documents produced along with
the objections are nothing but created documents and do not
depict the facts as on the date of filing this complaint or prior to
that. Such evidences shall not be considered for the purpose of
this case.
7. In view of the facts narrated above there is no justification for
the Respondents to breach the Agreement and further submit
false and tampered documents before this Hon’ble Authority. It is
therefore, just and necessary to allow this Complaint and award
refund and compensation in favour of the Complainant in the
interest of justice.
8. The averments which are not specifically traversed are
hereby denied as false and incorrect.
WHEREFORE, it is prayed that this Hon'ble Court may be
pleased to consider the aforementioned facts and consequently
allow the Complaint and award the relief sought in the interest of
justice and equity.
Bangalore
Date:
Advocate for Complainant
IN THE REAL ESTATE KARNATAKA REAL ESTATE REGULATORY
AUTHORITY AT BENGALURU
Complaint No. CMP/UR/__________/0000000
BETWEEN
Mr. Shekar HM. Complainant
AND
M/s Engineering
AFFIDAVIT
I, Shekar N, S/o Gana, aged 21 years, R/a, Mysuru -123456,

do hereby solemnly affirm state on oath as follows –
1. I am the Complainant in the above complaint and I know the

facts of the case. I am swearing on this Affidavit
2. The averments made in paragraphs No.1 to 8 of the

Rejoinder Statement accompanying to this affidavit of are true to
the best of my knowledge and information, which I believe to be
true.
3. The documents produced at Document No. 1 & 2 are copies

of the originals.
VERIFICATION
I, Shekar HM, above named do hereby verify that the

statements made above are true to the best of my knowledge and
information, which I believe them to be true.
Bangalore
Dated:
Deponent
Identified by me
IN THE REAL ESTATE KARNATAKA REAL ESTATE REGULATORY
AUTHORITY AT BENGALURU
Complaint No. CMP/UR/__________/0000000
BETWEEN
Mr. Shekar HM. Complainant
AND
M/s Engineering
SL. DESCRIPTION PAGE

N O.
Rejoinder to the Statement of Objections
1.
filed by the Respondent
2. Affidavit
Document No. 1 – Copy of the email dated

3.
20.03.2017
Document No. 2 – Copy of the email dated

4.
08.06.2017
BANGALORE
DATED:
ADVOCATE FOR Complainant

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IN THE REAL ESTATE REGULATORY AUTHORITY

Complaint No. CMP/UR/ /000000

REJOINDER TO THE STATEMENT OF OBJECTIONS

The Petitioner submits as follows –

compensation from the Respondent with respect to Flat No. 665,

measuring 1458 sq.ft, 2nd floor, “A” Block in the residential

complex known as “Infinity” at Hanna Village, Kasaba Hobli, Taluk.

In this regard, the above parties entered into an Agreement for

Sale on 31.08.2015 for a Sale Consideration of Rs. 49,33,536/-

including stamp duty and other charges (Rupees Forty-Nine Lakhs

Thirty-Three Thousand Five Hundred and Thirty-six Only). The

by 01.08.2016, that is, within one year of execution of the

Complainant has paid an amount of Rs. 46,93,506/-. However,

neither was project completed by 01.08.2016, nor there was any

handover of the flat purchased as per the terms of the Agreement.

Therefore, having left with no other option, the Complainant filed

the above complaint seeking for refund of the amounts already

paid along with interest/compensation for delay and non-delivery.

3. The Respondent for a prolonged period of non-appearance

objections to the complaint. This Rejoinder is being filed in

response to the said objections filed.

4. It is pertinent to note that the averments made by the

offence as forged, tampered, false, created documents have been

submitted before this Hon’ble Authority. The Respondent has

placed false, fabricated documents before this Hon’ble Authority

claiming the they had allegedly acquired Occupancy Certificate on

15.12.2016, marked as Annexure A to the Objection. In this regard

it is pertinent to note that, the alleged Occupancy Certificate dated

15.12.2016 is not issued by the competent authority. It is issued

jurisdiction to do so. The Respondent is called on record to submit

the sanction plan and other documents to establish the competent

5. Further, the alleged Occupancy Certificate dated 15.12.2016 is

created and concocted document. It is humbly submitted that the

Respondent themselves have emailed the Claimed on 20.03.2017

and that Statutory sanctions and permissions are still being

pursued. Further, if the Respondent indeed had the alleged

Complainant at any stage prior to this Objections in the year 2024.

A copy of the email dated 20.03.2017 and 08.06.2017 are marked

and enclosed as “Document No. 1 & 2”.

6. It is submitted that the other documents produced along with

the objections are nothing but created documents and do not

depict the facts as on the date of filing this complaint or prior to

that. Such evidences shall not be considered for the purpose of

the Respondents to breach the Agreement and further submit

false and tampered documents before this Hon’ble Authority. It is

therefore, just and necessary to allow this Complaint and award

refund and compensation in favour of the Complainant in the

8. The averments which are not specifically traversed are

hereby denied as false and incorrect.

WHEREFORE, it is prayed that this Hon'ble Court may be

pleased to consider the aforementioned facts and consequently

justice and equity.

Complaint No. CMP/UR/__________/0000000

I, Shekar N, S/o Gana, aged 21 years, R/a, Mysuru -123456,

1. I am the Complainant in the above complaint and I know the

2. The averments made in paragraphs No.1 to 8 of the

3. The documents produced at Document No. 1 & 2 are copies

I, Shekar HM, above named do hereby verify that the