Elita residents file lawsuit against builders

In yet another builder - apartment owners face off, the residents of Elita Promenade have sued Keppel Land. Lack of transparency seems to the case here.

Elita Promenade residents in JP Nagar, 7th Phase, have filed a lawsuit against their developers for allegedly keeping them in dark over various issues related to the apartment complex. The case was filed in November 2011.

Elita Promenade, near Sarakki lake, is a multi-floor apartment complex constructed in joint venture between Singapore-based Keppel Land and Puravankara Developers, Bengaluru.

Three issues seems to lie at the centre of the conflict – sewage problem, lack of clarity on land ownership in the layout and sale of one part of common land to KPTCL without notice.

Pic: Abhishek Angad A temporary boundary fence with sheets, at one corner of Elita Promenade

Sewage problem

Sewage Treatment Plants are mandatory for larger apartment complexes. But the residents of Elita Promenade say the STP inside their premises does not treat water properly. However they are not able to take any action because they are not allowed to access STP data.

"From the very beginning construction quality of STP was bad. Upon enquiry we have been denied logbooks carrying information. We got it (water) checked and E-coli was found in one of the samples", says N R Sudheer, a resident and a retired engineer. 

Sudheer worries that untreated water might be let into to nearby Sarakki lake. In addition to this there is also an older problem: sewage pipelines of residences outside Elita have been laid through the complex. This pipe, the residents suspect carries untreated sewage that is finally let into the lake. Citizen Matters had reported about this on 7th July 2011.

Disputed land

At one corner of the Elita campus, the boundary is built with temporary sheets instead of regular brick walls. Residents say that the land is disputed with the forest department and the boundary remains temporary until final settlement. However, the residents were not aware of the issue when they bought the apartments.

Another resident Sudheendra Srinivasamurthy and a software engineer says, "All the agreement said that Keppel has got undisputed land. After we found out about the dispute, we complained, but Keppel denies being at fault."

According to the residents, Keppel conducted a survey to prove that they are not at fault in terms of encroachment. But at the same time Keppel has not built a permanent wall.

Residents are also worried that the STP is near the disputed land, and, if any civic body takes control over that portion of land they have to bear the cost of STP to be set up elsewhere.

Re-sale of land

At the time of construction, Keppel sold one part of the land to Karnataka Power Transmission Corporation Limited (KPTCL) for a dedicated sub-station. This was to ensure continuous electricity supply at Elita. But Keppel failed to inform the apartment buyers about this.

Residents now want that sale deed to be converted into a lease deed. Another resident Bharath Kedlaya, a chartered accountant by profession says that though Keppel goofed up initially, residents are ready to reach a consensus. He says, "We asked them to convert the sale into a lease so that we remain the owner of the part of the land. Builders agreed, but in the last 1.5 years there seems to be no action."

Jagdish Narula, Customer Relationships Manager, Keppel-Puravankara initially agreed to meet Citizen Matters, but later was not available for comment.

Comments:

  1. haresh soni says:

    i was planning to buy a 2 / 3 bhk flat in elita. Is it prudent to do so in light of the litigation? thanks for your opinion

    any owner interested in selling your flat pls drop me an email : mediatechdelhi@hotmail.com

  2. S Srinivasan says:

    You take any builder. The hidden dangers are many and the property buyers are being taken for a ride as they have to sign at the dotted line at the time of booking. The fine print in the agreements to build and Sell will have clauses which are always in favour of the builder and it needs legal advice before signing. The arbitration on any problem will be in the hands of the builder and the buyer cannot go to consumer courts on issues of Deficiencies of Service.Every top builder claim technical design support from well known international companies. On the ground the facts are different and the buyers will not know whether they get their money’s worth in this investment or it is worth living. Yes, any property in Bangalore will get good returns . But life in these places will be difficult and more expensive. Though outwardly, the Apartment Complexes look beautiful externally through colorful and expensive brochures and Expos , in reality, the construction will be poor and the infrastructure of very poor quality. This factor one will know only after starting to reside in the apartment. How any one will know that the area is totally a freehold plot without any binding clauses or earlier municipal findings of the plot indicate conditional sanction to build. Any natural drains underneath ? What about water…from Borewells or Tankers or cauvery supply ?Problems are many and the property owner may have to answer them at a later date when the Municipal authorities pounce on the Residents’ Association for documents and proof.

  3. K.Murthy says:

    There is untreated sewage water still coming when toilets are flushed. Pipes leak and some people have complained of water dripping in their units. Wet walls in many units.Keppel land company dishonest from day 1. Purvankara has used second quality material for every thing. I was thinking 2 years ago buyers should file class action law suit on Keppel Purvankara.Hope there will be progress in court.Additionally they have done financial mischief with many buyers saying their payment was late.

  4. Viva Furniture says:

    We purchased a flat in MS Garden Apartment, Bangalore from MS ARASU Builders & Developers back in 2012. Few months after the purchase we noticed that the walls had developed cracks due to poor quality of construction and after 1 rain season my room wall was completely ruined due to seepage. I tried contacting the Builder MD of MS Arasu Builders & Developers Mr. B. H. Mahalingappa but they have refused to remedy the problem and are now not even responding to our calls.

    They told us that they have finished selling all the flats and have nothing to do with the building anymore as its not their responsibility.

    I am now extremely worried that I just lost all my saving money which I had invested towards this Flat and the building might fall due to poor quality of construction.

    MS ARASU Builders & Developer
    No.67-68/51, SUDEV COMPLEX,
    III Floor,S.Kariappa Road,
    Basavanagudi, Bangalore 560004,
    Karnataka, India

    MS Royal is another project which belongs to them and I would strongly suggest that no one buys any apartments from MS Asasu Builders & Developers AKA MS Builders as you will just end up losing your hard earned money !

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