30th Nov.2004

Mr.Ganesh Shetty obtains license to construct the 9 storied building.

30th Nov.2004

Construction commenced.

30th August 2006

Construction to be completed as per the agreement on August 2006. Construction not completed.

1st Dec.2006

Applied for Completion certificate on 1 -12-2006.


We-flat owners- have various correspondence with builder, MCC and DC between Dec 2006 onwards.

March 2007 onwards

Builder sent individual letters to pay last installment and occupy the flat.

Builder assures flat owners that the DOD will be provided very soon.

13th Dec 2007

Builder applies under Akrama Sakrama with false drawings for car parking and false details. Please note when application under Akrama Sakrama was made there was no office/flat existed at the ground floor.

7th Jan. 2008

Flat owners observe start of construction activities on ground floor car park and complained to MCC. This construction is to make office/flat at the ground floor. This is not included in the license.

10th Jan. 2008

MCC issues order dated 10-1-2008, confirming unauthorized construction in progress during the inspection by ATPO. Builder continued construction for few more days. We followed up repeatedly and ensured that this unauthorized activities are stopped.

20th April 2008 Please note our efforts for reconciliation

We made very serious efforts for reconciliation with Builder Mr. Ganesh Shetty with the help of Mr.Jayaram Shetty -who is well known to him and also well wisher of both the parties. Builder even refused to meet us. This mentioned in our effidavit filed at DKD CDR Forum.

28th May 2008 Please note our efforts for reconciliation

We met Corporator Mr. NavinChandra in another attempt at reconciliation. Mr.Sampath was called to meet him. Mr. Navin enquired about our Completion certificate, & DoD. As usual no commitment were given by Mr.Sampath.

Please note our efforts for reconciliation

There after, we made few attempts for reconciliation through Mt. Narayan Pai who is personal friend of Mr. Ganesh Shetty. He also did not succeed in arranging meeting with the builder Mr. Ganesh Shetty. After these attempts failed we approached the advocates for legal action. Also see DKDCDR Forum's attempt for compromise on 6-9-2009 in TIME LINE.

7th Nov. 2008

MCC issues order dated 7-11-2008 confirming deviations.

23th Jan. 2009

MCC conducts hearing thrice between September2008 to January 2009. Builder does not attend any hearing and order is passed on 23-1-2009. During the last hearing a dossier is presented to the commissioner.
Surprisingly, order mentions 37 flats (instead of 36) and 37 car-park (instead of 36) whereas license is for 36 flats and 36 car-parks.

Dec 2008.

Flat owners approached Lawyer. Lawyer sends legal notice to the builder through registered Post, which was not accepted by the builder.

Jan 2009.

Flat Owners file Complain in DKDCDR Forum.

26th March 2009

OP reply

9th April 2009

Flat Owners file Affidavit in DKDCDR Forum.

12th May 2009

Interrogatory by OP.

May 2009

Reply to Interrogatory

8th June 2009

Appointment of Commissioner to verify the facts on the ground.

10th July 2009

Dossier on work memo to Commissioner.

31st July 2009

Commissioner's report to DKDCDR Forum.

6th Sept. 2009

Objection by OP

6th Sept. 2009

Memo of facts by OP

6th Sept. 2009 Please note Forum's efforts for reconciliation

OP produces copy of sales deed for 3.34% undivided share of land.DKDCDRF asked both parties to come to a compromise before 12-10-2009.

12th Oct. 2009

OP did not appear for any possible compromise.

15th Oct. 2009

Hon. President of DKDCDR Forum pronounce order.

22nd Oct. 2009

Hard copy of this order is obtained.

25th Oct. 2009

OP appealed to higher court ie KS-CDR-commission at Bengaluru.

Since builder did not get stay order from KS-CDR-commission at Bengalur, we have filed execution petition at DKDCDR Forum. Builder did not attend in person any hearing in response to Forum's notice. He was trying to get exemption from personal appearance. The process of issuing WARRANT is initiated by the Forum. Warrant was issued but builder was able get stay from Bengaluru, hence it was not executed.

KS-CDRC Court Hall Proceedings

as obtained from the website of KS-CDRC

Posted For Posted on Action Taken Order Passed if any
Admission 20/11/2009 Adjourned
Admission 25/11/2009 notice
Notice 19/01/2010 Vakalath Filed
Hearing 11/03/2010 Adjourned
Hearing 15/04/2010 Adjourned
Hearing 22/04/2010 Adjourned
Hearing 29/06/2010 Adjourned
Hearing 08/07/2010 Adjourned
Hearing 19/08/2010 Adjourned
Hearing 08/09/2010 Judgement Reserved
Judgement 23/09/2010 Judgement

Posted at Posted on Action Taken
DKCDRF 01/10/2010 15 days stay at DKCDRF
DKCDRF 19/10/2010 Appeared in DKCDRForum. Builder stated that he wants to appeal to National Commission, New Delhi. Judge fixed next hearing on 25/10/2010 to produce the proof of appeal to National Commission.
DKCDRF 25/11/2010 Adjourned
DKCDRF 4/12/2010 Adjourned next hearing 8/12/2010
DKCDRF 8/12/2010 To produce proof of admission at NCDRC- New Delhi.next hearing 22/12/2010
National CDR Commission, New Delhi 15/12/2010 Appeal dismissed at hearing for admission.
DKCDRF issued arrest warrent
Builder surrenders on last day DKCDRF Builder promises to do the needful to avoid his arrest. Adalat date fixed
Adalat session on 23-2-2011 at DKCDRF 23-2-2011 See Adalat session report. Hon Judge asked the builder to complete the work as per the judgment. Builder promissed to complete in 2 month all the pending work.Next hearing to review the progress on 23-3-2011.

date .....
On 8 and 9th March 2011,
Met Builder's advocate
Registrar's office
14th March 2011
38 flat owners and GPA hoders signed for 52 grantors in the DEED of DECLARATION.
At DKDCDR Forum,
23rd March 2011
Builder gave memo indicating that DOD is signed, Car park slots are marked, Interlock flooring at car park done, External Painting is 75% complete, Door number is given, etc and asked for two more months to complete. Forum will hear next on 23rd May 2011. If all pending work is not completed by then, day to day hearing of progress will be held till the conclusion of the case.

"If our co-operative efforts fail, who benefits?
Think it over, please.
Do not allow it to fail."

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