BENGALURU: The Karnataka Real Estate Regulatory Authority (K-RERA) has clarified that both landowners and promoters bear equal responsibility, classifying them as promoters under Section 2(zk) of the RERA Act, 2016.
In a case related to a complaint filed by BS Susheela Ramamurthy, a landowner from Dodda Kallasandra village in Bengaluru South taluk, K-RERA concluded that the complainant could not seek relief from the promoter. “We believe that further discussion is unnecessary since the complaint is not maintainable. Therefore, this complaint should be dismissed,” the RERA order states.
According to Section 2(zk) of the RERA Act, 2016, a promoter is defined as anyone who constructs or commissions the construction of a building or converts existing structures into apartments for sale. This also includes those who develop land into a project, regardless of whether they construct structures on it.
The K-RERA complaint highlighted the builder’s failure to complete the project on time and alleged misuse of funds intended for construction. The complainant asserted that the project, Maangalya Park Avenue, initiated by Pioneer Developers and later handed over to Maangalya Ventures Private Limited, was largely unfinished despite the collection of funds from allottees and a loan of Rs 22 crore.
Dhananjaya Padmanabhachar, Sanchalak of the Karnataka Home Buyers Forum, welcomed the K-RERA ruling. He emphasized that landowners share equal responsibilities with builders under the RERA Act. “The K-RERA order clearly states that landowners cannot exploit RERA in disputes with builders,” he noted.
