Mr Sitaram, Mr RS Varun and Mr Mahendra are the owners of property bearing

survey no 52/1A in Horamavu village, RK Puram, Bangalore East. They entered into
a joined development agreement dated 2/05/2012 with Aditya Constructions
represented by partners V.R.Kumar and G. Sunita kumar. They have also executed a
general power of attorney in favour of Aditya constructions. In terms of the joined
development agreement the owners were entitled to 48% share of the constructed area
and the developer was entitled to 52% of the same. It was agreed that the construction
will commence within 15 days from the date of plan by BBMP and shall be
completed within 15 months with a grace period of 3months.

The agreed specifications were RCC frame, Seismic Compliance Structure, Vitrified
tiles in the house with granite slabs in the lobby and stairs, balconies, bar/terraces
shall have terracotta tiles, kitchen will have above the platform 2 feet ceramic tiles.

The parties were to enter into a sharing agreement clearly identifying the flats that
will fall to their respective shares. In terms of the sharing agreement Aditya
Constructions has obtained a sanction plan bearing LP no-
BBMP/ADDL.DIR/JDN/0288/2012-13 dated 12-02-2013.

As per the sharing agreement the building comprises of basement, ground, and 5
upper floors. The basement floor is resort for parking. In the ground floor there are 7
apartments( 3 have 3 bedrooms and 4 are 2 bedrooms). 1st to 4th floor have 8
apartments each (3 apartments - 3 bedrooms and remaining 5 have 2 bedrooms). On
the 5th floor there are 4 apartments( all are 2 bedrooms). The entire ground floor
belongs to the owners. The entire 1st floor belongs to the developer. In the 2nd floor
apartment no 201, 202, 203 have fallen to the share of the owners while the rest
apartments from 204-208 have fallen to the share of the developers. The 3rd floor the
entire floor belongs to developer. The entire 4th floor belongs to the owners. the
developer has intentions to cheat the owners by allotting to himself extra apartments
i.e. more than the 52% that he is entitled to as per the J..D agreement. The developer
has done an extremely shoddy work and the lintels (chajjas) are falling off. The
developer has not finished the painting work nor has he affixed the windows, there are
no grills and there is no electric connection to 5 households on the ground floor. The
owners at their cost have painted the apartments of 2nd floors. On the 4th floor ball
shell has been left over, neither the walls are plastered, tiles fixed, sanitary fitting not
done, kitchen not done and no electric connection.

The owners have entered into a memorandum of understanding agreeing to pay 65

lakhs as non-refundable security deposit. The developer has paid only 5 lakhs and he
has not paid the balance of 60 lakhs rupees which he had promised to pay after selling
the flats that have fallen to his share. The developer has sold most of his flats.