Bengaluru Real Estate: Seeking Relief from Builder Delays via Human Rights Commission
A homebuyer in Bengaluru has taken an unconventional step by approaching the Human Rights Commission for relief after facing multiple delays in the handover of their flat, despite multiple KRERA regulations being in place.
Bengaluru Real EstateBuilder DelaysHuman Rights CommissionKreraKreatReal EstateDec 19, 2024
The Karnataka Real Estate Appellate Tribunal (KREAT) and Karnataka Real Estate Regulatory Authority (KRERA) are regulatory bodies that are supposed to protect the interests of homebuyers.
However, in a significant move, a frustrated homebuyer has sought the intervention of the Human Rights Commission for relief.
The homeowner, who has preferred to remain anonymous, claims that the construction of their flat, which was supposed to be completed and handed over by a specific date, has been delayed for over a year.
Despite multiple correspondence and follow-ups with the builder, the situation remained unresolved.
This led the buyer to explore alternative legal avenues, eventually leading to the Human Rights Commission.
The Human Rights Commission, a statutory body established under the Protection of Human Rights Act, 1993, is primarily tasked with protecting and promoting human rights in the country.
While it is not a conventional forum for real estate disputes, the homebuyer's legal counsel argued that the delay in the handover of the property constitutes a violation of the right to a habitable home, which is a fundamental human right.
This case has sparked a debate among legal experts and real estate professionals.
Some argue that the Human Rights Commission may not be the appropriate forum for such disputes, given its primary mandate.
However, others see this as a creative and potentially effective way to draw attention to the systemic issues plaguing the real estate sector in Bengaluru and beyond.
The Karnataka Real Estate Regulatory Authority (KRERA) was established in 2017 under the Real Estate (Regulation and Development) Act, 2016 (RERA), to regulate the real estate sector and ensure transparency, accountability, and timely completion of projects.
Despite the regulations, delays in project completion and handover of properties remain a persistent issue, often leaving homebuyers in a lurch.
According to a recent report by a prominent real estate consultancy, delays in project completion in Bengaluru have increased by 20% over the past year, affecting thousands of homebuyers.
The reasons cited for these delays include financial mismanagement, delays in obtaining clearances, and poor project planning.
In light of this, the homebuyer's decision to approach the Human Rights Commission may serve as a wake-up call for builders and regulatory authorities to take more stringent action against delays and ensure the timely handover of properties.
It also highlights the need for more robust and effective mechanisms to address the concerns of homebuyers.
The Human Rights Commission is yet to issue a formal response to the complaint, but the case is being closely monitored by legal experts and the real estate community.
If the Commission decides to intervene, it could set a precedent for other homebuyers facing similar issues.
For now, the homebuyer remains hopeful that this unconventional approach will yield the desired results.
They are also urging other homebuyers to explore all possible avenues to protect their rights and ensure that builders adhere to the regulations and commitments they have made.
In a related development, the Karnataka government has announced plans to strengthen the regulatory framework for the real estate sector, including stricter penalties for builders who fail to meet project deadlines.
This move is expected to provide more teeth to the existing regulations and offer better protection to homebuyers.
In conclusion, while the path to justice for homebuyers in Bengaluru may be long and arduous, the decision to approach the Human Rights Commission is a bold step that could potentially bring about much-needed reforms in the real estate sector.
Frequently Asked Questions
What is the Human Rights Commission's role in real estate disputes?
The Human Rights Commission is primarily tasked with protecting and promoting human rights. While it is not a conventional forum for real estate disputes, it can be approached if the delay in property handover is seen as a violation of the right to a habitable home.
What is KRERA and its role in Bengaluru real estate?
KRERA stands for Karnataka Real Estate Regulatory Authority. It was established to regulate the real estate sector in Karnataka, ensuring transparency, accountability, and timely completion of projects.
What are some common reasons for delays in real estate projects in Bengaluru?
Common reasons for delays include financial mismanagement, delays in obtaining clearances, and poor project planning.
What can homebuyers do if they face delays in property handover?
Homebuyers can approach regulatory bodies like KRERA, file complaints, and in some cases, even consider unconventional legal avenues like the Human Rights Commission.
Is the Karnataka government taking steps to address builder delays?
Yes, the Karnataka government has announced plans to strengthen the regulatory framework for the real estate sector, including stricter penalties for builders who fail to meet project deadlines.
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