The Karnataka Real Estate Regulatory Authority (KRERA) has directed Ishtika Homes Pvt Ltd, the developer of the Agastya residential project in North Bengaluru, to resolve complaints raised by a group of homebuyers regarding unfulfilled infrastructure promises. The case primarily concerns the non-construction of a rooftop swimming pool and a non-functional sewage treatment plant (STP).
KRERA has ordered the developer to convene a joint meeting with allottees to decide on the future of the rooftop pool. The Authority has specified that the decision—whether to construct the pool or refund its cost—must be taken based on majority consensus among the buyers. The direction follows a complaint filed by 21 residents who allege that several promised amenities have either been delayed or not delivered at all.
The project in question, named Agastya, consists of 60 residential units. Most homes have already been handed over to the buyers. The complainants submitted that the rooftop pool, water supply infrastructure, STP, and several other common facilities were clearly mentioned either in their sale agreements or in the project’s promotional brochures. According to the buyers, these were not optional benefits but central features that influenced their purchase decisions.
One of the major concerns highlighted was the absence of a functional water supply connection from the Bangalore Water Supply and Sewerage Board (BWSSB). The homebuyers alleged that the builder collected individual BWSSB connection deposits from them with the assurance that a Cauvery water connection would be arranged. However, residents claim that no clear timeline has been provided and no visible progress has taken place on securing the connection. Consequently, residents continue to rely solely on borewell water.
To address the hardness and health risks of borewell water, the builder had installed a water treatment system. However, buyers alleged that the system has been either completely dysfunctional or irregular in its performance since possession. The Authority took note of residents’ claims that water quality issues have led to health problems, particularly affecting children, and stated that this goes beyond contractual lapses and enters the domain of public health concerns.
The complaint also pointed to several other facilities that remained incomplete or improperly delivered. These included a gym, yoga hall, intercom, and a children’s play area. Residents further argued that the formation and functioning of the residents' association has been mishandled, and called for compensation citing delays, inconvenience, and non-compliance.
In its findings, KRERA acknowledged that while the rooftop pool was a committed feature, it had not been built due to internal disagreements among the allottees. However, since the builder was open to acting based on a joint consensus, KRERA directed Ishtika Homes to organise a formal meeting within 30 days from the date of the order and to submit documented proof of the collective decision.
Regarding other amenities, the Authority noted that while the brochure mentioned a gym and yoga hall, the builder has provided a multipurpose clubhouse with integrated fitness spaces. Since the facilities were delivered in a merged form and not clearly defined as standalone amenities in the agreements, the Authority concluded that no further directions were necessary on that front.
In relation to the BWSSB water supply, the developer had claimed that the project already had a functional connection and that any disruptions were due to improper maintenance by residents. However, KRERA rejected this explanation. It held that the burden of proving the availability and working condition of promised infrastructure lies with the promoter and not the residents. The Authority stated that the functionality of common systems, especially those promised in the sanctioned plans, cannot be deflected onto residents post-possession.
On the matter of the STP, the developer claimed that the unit had become non-functional due to neglect but was now restored. KRERA found that no documentation had been submitted to verify these claims. Accordingly, it ordered Ishtika Homes to produce a third-party certified report from a qualified engineer or environmental expert confirming the STP’s current operational status.
KRERA also addressed concerns about the ongoing grievances and the role of the residents’ association. The Authority directed the builder to provide a written undertaking within 10 days affirming that the formation and registration of the residents’ association would not be used to suppress, override, or nullify any existing complaints or claims currently before KRERA or any other legal forum.
Image source- rera.karnataka.gov.in
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