CCP No.05 of 2024 Contest dt .23.01.2025

BEFORE THE ADJUDICATING OFFICER,
TELANGANA REAL ESTATE REGULATORY AUTHORITY,
HYDERABAD.
Dated, this, the 23rd day of JANUARY 2025.
Present:- Sri Syed Lateef-ur Rahman,
Adjudicating Officer.
C.C.P.No.5/2024/TG RERA
Between:
Smt.Chiruvolu Naga Brunda W/o Sri Chiruvolu Ravi Shankar,
H.No.1.8.22/71/202, S.V.Nivas, Shashikanth Nagar,
North Kamala Nagar, Kapra, Medchal-Malkajgiri District – 500 062.
…Complainant.
AND

M/s.Modi Realty Genome Valley LLP, rep., by Mr.Soham Modi, the
authorized representative of its Partner M/s.Modi Housing Pvt.Ltd,
H.No.5-4-187/3 & 4, 2nd Floor, Soham Mansion, M.G.Road,
Secunderabad – 500 003.
…Respondent.

This complaint came up for hearing before me on 03.01.2025 in the
presence of Sri P.Rama Krishna, Counsel for the Complainant and of Sri
M.A.Lateef, Counsel for the Respondent, upon perusing the material on record and
on hearing argument of both sides and having stood over for consideration till this
day, the following order is passed:
ORDER
The present complaint has been filed under Section 31 of Real Estate
(Regulation and Development) Act, 2016 (hereinafter referred as ‘the Act’) read with
Rule 35 of the Telangana State Real Estate (Regulation and Development) Rules,
2017 (hereinafter referred as ‘the Rules’) by the complainant against the
Respondent for award of compensation.
CASE OF THE COMPLAINANT:
2(a).

The factual matrix as gathered from the complaint reveals that the

complainant booked a Flat bearing No.117 on First floor in Block-A admeasuring

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As per Broucher and Agreement of Sale, the

respondent is under obligation to deliver possession of Flat by 31.01.2023, with a
grace period of six months delay, i.e., by 31.07.2023.
2(b).

According to the complainant, the construction work was not completed

stage-wise and the Bank officials stopped further payments after inspection. The
respondent then issued a notice on 11.10.2021 to make payment of 2nd instalment.
Again, the respondent issued another notice dt.01.12.2021 demanding payment of
third instalment. It is stated that these notices were issued inspite of the fact that
the stage-wise construction was not completed.
2(c).

It is stated that the complainant made repeated requests and made multiple

visits to see that the construction is completed.

At last, the respondent sent a

letter to the complainant that possession can be taken by 1st May, 2024 after
making full payment. The respondent assured that the complainant shall make full
payment and got sale deed registered on 15.03.2024.
2(d).

The complainant pleads that the electrical meter was not erected and water

connection supply was also not provided even by the date of registration of Sale
Deed.

The respondent informed the complainant that she will be provided

electrical meter in June, 2024.

Similarly, water plant facility, as agreed under

Agreement of Sale, is not provided till date.

The complainant demanded

compensation @ Rs.8/- per Sq.Ft for the area of Flat admeasuring 800 Sq.Ft as per
agreement due to delay in giving possession, which comes to Rs.1,02,400/-

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The respondent sent a

message on 17.05.2024 through WhatsApp stating that the complainant cannot
claim compensation due to Corona and low availability of construction material
and labour. According to the complainant, the Lockdown was lifted on 20.06.2021
and thereafter she booked the Flat on 30.07.2021. There was no Corona at all in
Hyderabad at the time of booking of Flat.

As such, the said contention of the

respondent is not tenable.
2(e).

The complainant further pleads that she booked the Flat in order to have

residence at the outskirts of the City for peaceful living. However, due to delay in
delivery of possession of Flat by the respondent, the plan of the complainant failed.
Due to such delay and harassment and mental agony caused by the respondent,
the husband of the complainant fell sick and had to take treatment.
2(f).

Therefore, the complainant prays to award Rs.1,02,400/- (Rs.One Lakh, Two

Thousand and Four Hundred only) towards loss of rent, Rs.1,75,000/- (Rs.One
Lakh and Seventy Five Thousand only) towards harassment and mental agony and
Rs.25,000/- (Rs.Twenty Five Thousand only) towards legal expenses.
3.

Originally, the complainant filed her complaint narrating certain facts.

Later, she filed a petition for amendment of pleadings and such petition was
allowed.
4.

The respondent had filed their counter before filing of said amendment

petition. After allowing of amendment petition and filing fair copy of complaint, the
respondent filed additional counter.
5(a).

The respondent in their counter and additional counter contends that the

complaint filed by the complainant is false and not maintainable.

According to

respondent, they are the reputed Developers and they have 30+ years of experience

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According to the respondent, the real facts are that the complainant has not

made payment of instalments in time as per the schedule mentioned in Agreement
of Sale. The last instalment was paid by the complainant in the month of January,
2024. The respondent contends, according to the complainant, the Bank has not
released payments due to incomplete stage of construction, whereas clause 8.5 of
Agreement of Sale envisages that the purchaser at his discretion may avail housing
loan from Bank/Financial Institutions and payment of instalments to the vendor by
the purchaser shall not be linked with housing loan availed/to be availed by the
purchaser. The respondent also contends that Clause 8.6 of Agreement of Sale
mandates that in the event the purchaser is arranging/has arranged finance under
housing finance scheme or any other scheme for the purchase of schedule flat and
payment of sale consideration under the agreement, it shall be the sole
responsibility of the purchaser for timely payment from such Financiers to the
vendor and any default in payment by such Financier to the vendor shall be
deemed to be the default by the purchaser.
5(c).

The respondent further contends that due to Nation-wide Lockdown, the

Ministry of Housing & Urban Affairs in its Office Memorandum dt.13th May, 2020
declared the Pandemic as a “Force Majeure” event for the purpose of Real Estate
(Regulation and Development) Act, 2016 and extended timelines for completion of
real estate projects. Clause 21 of Agreement of Sale clearly speaks about ‘Force
Majeure’ and it squarely applies to the case of the respondent.
5(d).

The respondent also contends that they have informed the complainant

through letter dt.10.02.2024 that the Flat is ready and to clear the dues and take
possession. The complainant then cleared the dues on 16.03.2024 and on the very

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It is further contended that the complainant has appointed an Advocate on

23.09.2024 and filed a petition for amendment of complaint. Under such
amendment, she sought to amend the amount of compensation from Rs.75,000/to Rs.1,25,000/-. According to the complainant, her husband fell sick and took
treatment due to the harassment and mental agony caused by the respondent. It
is stated that if any amount has to be granted for alleged mental agony, it should
be granted for such mental agony to the complainant and not to the mental agony
caused to her husband.

Further, the Discharge Summary of Hospital filed by the

complainant shows that her husband aged 46 years old was admitted with
complaints of bilateral lower limb weakness since three months and left foot
burning since three days. When such is the case, where the question of mental
agony does arises.

It is contended that the complainant has filed the present

complaint suppressing and misrepresenting material particulars to gain wrongfully
and to harass the respondent.

Therefore, the respondent prays to dismiss the

complaint.
6.

The complainant and respondent did not choose to adduce oral evidence.

The complainant got marked Exs.A1 to A30 on her behalf, whereas the respondent
got marked Exs.B1 to B6 to support their case, with consent.

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Learned Counsel for both parties have advanced oral arguments and also

filed written arguments.
8.

Now the POINT for consideration is whether the complainant is entitled for

compensation? and if so, for what amount?
9.

POINT:
At the outset, it is pertinent to mention that the complainant on one hand

and the respondent on the other blame each other and try to contend that the
other side is at fault in complying the terms and conditions agreed upon at the time
of entering into agreement and booking flat. The complainant contends that the
respondent failed to complete construction and hand over possession as agreed
and caused much delay and as such she is entitled for compensation.

On the

other hand, the respondent contends that the complainant failed to make
payments of instalments as per terms and conditions as mentioned in Agreement of
Sale and as such the complainant has no right to claim compensation.
10.

It is the case of the complainant that she booked Flat on 30.07.2021 by

making payment of Rs.25,000/- and an agreement of sale dt.04.08.2021 was
executed. As per agreement, the possession of flat was to be given by 31.01.2023
with grace period of six months delay, i.e., by 31.07.2023. She further pleaded
that she took loan of Rs.23,75,000/-, but since the construction work was not
completed stage-wise, the Bank officials stopped further payment. She has also
pleaded that the respondent issued notices to make payment of second and third
instalments on 11.10.2021 and 01.12.2021.
11.

On the other hand, the respondent contends that the complainant has not

made payment of instalments in time as per schedule mentioned in Agreement of
Sale and last instalment was paid in February, 2024. According to respondent,

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As noted supra, the complainant got marked Exs.A1 to A30, whereas the

respondent relied on Exs.B1 to B6.
13(a). Ex.A1 is Agreement of Sale dt.04.08.2021. Clause 4.11 of Agreement of Sale
lays down that all terms and conditions shall be deemed to be part of agreement.
Clause 8 of Agreement deals with payment terms.

Clause 8.2 says that the

purchaser shall pay the balance consideration as per payment schedule given in
Annexure-A.

It is also mentioned that the vendor shall intimate the purchaser

stage of construction for payment of instament in writing and purchaser shall not
raise any objections for non receipt of such an intimation and delay the payment of
instalment on that count. Clause 8.5 says that the purchaser at his discretion and
cost may avail housing loan from Bank and shall endeavour to obtain necessary
loan sanctioned within (30) days from the date of provisional booking. Further, the
vendor shall, under no circumstances, be held responsible for non-sanction of the
loan and the payment of instalments shall not be linked with housing loan
availed/to be availed by the purchaser.

Clause 8.6 says that in the event the

purchaser is arranging finance under housing finance scheme, it shall be the
responsibility of purchaser for timely payment and any default shall be deemed to
be the default by the purchaser and the consequence as regards default in
payments under the agreement shall become operative.

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18

19

13(c). The

Payment
terms:
Instalment
I
II
III

Due date for payment
Within 15 days of booking
Within 30 days of booking
Within7 days of completion of plinth
beam
IV
Within 7 days of casting slab
V
Within 7 days of completing brick
work and internal plastering
VI
Within 7 days of completing flooring,
bathroom tiles, doors, windows & first
coat of pain.
VII
On completion
Schedule date of completion ::: 31.01.2023

complainant

has

purchased

the

Flat

for

Amount
2,00,000/3,80,000/2,10,000/6,39,000/5,40,000/4,45,000/2,00,000/-

Rs.23,75,000/-.

The

complainant did not plead the details of payment of amounts with dates in
complaint or in written arguments. But she has filed receipts Exs.A9 to A17, which
reveal the dates and payments, as under:
Mode of payment
Through Cheque
Through Cheque
Through Cheque
Through Cheque
Through Cheque
Through Cheque
Through cash
Through cash
Through Cheque

Exhibit
Ex.A-9
Ex.A-10
Ex.A-11
Ex.A-12
Ex.A-13
Ex.A-14
Ex.A-15
Ex.A-16
Ex.A-17

Date of receipt
30.07.2021
07.09.2021
07.09.2021
16-04-2022
19-05-2022
09-01-2023
12-07-2023
13-02-2024
16-03-2024

Amount paid
Rs. 25,000-00
Rs.1,50,000-00
Rs. 50,000-00
Rs,5,71,231-00
Rs.6,60,000-00
Rs.5,40,000-00
Rs.3,83,711-00
Rs. 40,000-00
Rs.5,15,718-00

13(d). The complainant herself pleaded in complaint that she booked the Flat on
30.07.2021 and paid initial booking amount of Rs.25,000/-. As per Agreement of
Sale Ex.A1, the complainant is under obligation to pay Rs.2,00,000/- within fifteen
days of booking and Rs.3,80,000/- within thirty days of booking. These payment

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From the said payments, the

complainant did not make said two payments in time. The very first and second
payment of Rs.1,50,000/- and Rs.50,000/- were made by the complainant after
one month and seven days as against payment within fifteen days from the date of
booking.

The complainant has also failed to make second payment of instalment

of Rs.3,80,000/- within thirty days of booking.

The respondent has issued notices

Exs.B3 and B4 dt.11.10.2021 and 01.12.2021 stating that the complainant failed
to make payment of Rs.3,80,000/- due on 27.08.2021 and demanding payment.
Later, the respondent has issued notice dt.04.03.2022 Ex.B5 cancelling the
booking of Flat.

The very payment made after said payment of Rs.1,50,000/- and

Rs.50,000/- was of Rs.5,71,231/- on 16.04.2022 under Ex.A12.

Firstly, the

complainant did not make payment of Rs.3,80,000/- within thirty days from the
date of booking, which was to be made without reference to stage of construction.
Secondly, the said payment of Rs.5,71,231/- was made after eight months fifteen
days of booking.

The complainant did not plead anything with regard to this

payment, as this payment was to be made within seven days of completion of plinth
beam.

The complainant having approached for compensation, she has to plead

and prove that there is no fault on her part. Therefore, it has to be held that the
complainant has failed to perform her obligation as per Agreement of Sale Ex.A1 as
contended by the Respondent and the contention of the Respondent is supported
from the said notices.
14(a). It is the contention of the complainant that the respondent did not complete
the stage of construction as mentioned in Annexure-A of Agreement of Sale Ex.A1
and as such she cannot be found fault for any delay as contended by the
respondent.

There does not appear to be any force in this contention. The said

payment of first and second instalments do not refer to stage of construction. The
payment of said two instalments were to be made within 15 and 30 days from the

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Therefore, the said

contention of complainant is not acceptable.
14(b). The possession of the Flat was agreed to be given by 31.01.2023 with grace
period of six months, i.e., by 31.07.2023.

The complainant contends that the

construction of Flat was not done in time stage-wise and as such she cannot be
found fault for delay in payment.

The respondent has not denied straightaway

about delay in construction, but he took the pleas of default on the part of
complainant in payment of instalments and also pleaded that due to Covid, delay
occurred.

As far as the plea of respondent on the ground Covid pandemic is

concerned, t is of no avail, as Flat was booked on 30.07.2021, which is after Covid
period. However, the contention of complainant that she cannot be found fault for
delay in payment as the construction was not done in time stage-wise is not
acceptable, as the complainant failed to make said payments of first and second
instalments in time, which do not refer to stage of construction as discussed above.
As such, the said contention of the complainant is also of no avail.
15.

It is pertinent to note that the possession of Flat was to be given by

31.01.2023 with grace period of six months, i.e., by 31.07.2023. But the
complainant went on giving payment till 16.03.2024 as evident from Exs.A15 to
A17, which fact does not appear to support the case of the complainant. Having
failed to make payments as referred above and having failed to make out a case as
pleaded that it is only respondent who is at fault for delay in giving possession of
Flat, it is very difficult to accept the case of complainant that she is entitled for
compensation.
16.

The complainant has relied on mails/letters sent by her to the respondent

during the months of April, May and July, 2024, i.e, Exs.A19 to A26 in regard to
delay in construction and certain other incomplete works.

These documents, no

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There could have

been fore in the contention of the complainant to rely on said Exs.A19 to A26 if she
had made payments as agreed in time, which is not the case in present case.
17.

No doubt, the respondent tried to take the ground of Covid pandemic for

delay in completing construction and giving possession of Flat relying on Clause 21
of Agreement of Sale Ex.A1 as referred in letter dt.17.05.2024 Ex.A8 sent to the
complainant.

According to the complainant, this is an admission by the

respondent about delay in completing the construction and giving possession of
Flat. It is true that the very booking of Flat under letter dt.04.08.2021 Ex.A1 is
after Covid pandemic. As such, the said ground relied by the respondent is of no
help to them. Now the question is whether on this ground, the complainant can
claim compensation? It is pertinent to note that the respondent did not contest the
claim of the complainant only on said ground. The respondent has also opposed
the claim of the complainant on the ground that the complainant has failed to pay
the instalments as agreed and as such she is not entitled to claim compensation.
On this count, the contention on behalf of the respondent as discussed
and held above is found to be true. It being so, it is not open to the complainant to
contend that the respondent has admitted about delay in completing construction
and as such she is entitled for compensation.
18.

I have gone through the documentary evidence relied by both the parties.

The documentary evidence on record is of no help, in the facts and circumstances

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For all the foregoing reasons, the conclusion that emerges on the Point is

that the complainant failed to prove that she is entitled for compensation. The
Point is accordingly answered against the complainant and in favour of the
respondent.
20.

In the result, the complaint is dismissed. However, having regard to peculiar

facts and circumstances of the case, the parties shall bear their own costs.
Typed to my dictation, corrected and pronounced by me in open Court on this, the
23rd day of JANUARY, 2025.

Sd/ADJUDICATING OFFICER,
TG RERA: HYDERABAD.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
NONE
Exhibits Marked for Complainant (marked by consent).
Exhibit
Ex.A1
Ex.A2
Ex.A3

Date
04.08.2021
15.03.2024
04.08.2021

Ex.A4

11.10.2021

Ex.A5

01.12.2021

Ex.A6

04.03.2022

Ex.A7

10.02.2024

Ex.A8
Ex.A9

17.05.2024
30.07.2021

Ex.A10

07.09.2021

Ex.A11

07.09.2021

Ex.A12

16.04.2022

Description of Document marked
Copy of agreement of sale between the parties.
Copy of sale deed between the parties.
Letter of provisional booking of Flat issued by
the respondent in favour of the complainant.
Notice issued by the respondent to Ch.Ravi
Shankar.
Notice issued by the respondent to Ch.Ravi
Shankar.
Cancellation notice issued by respondent to
Chiruvolu Ravi Shankar.
Letter issued by respondent to Ch.Ravi
Shankar.
Letter issued by respondent to the complainant.
Receipt issued by the respondent in
favour of
complainant.
Receipt issued by the respondent in
favour of
complainant.
Receipt issued by the respondent in
favour of
complainant.
Receipt issued by the respondent in
favour of
complainant.

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19.05.2022

Ex.A14

09.01.2023

Ex.A15

12.07.2023

Ex.A16

13.02.20224

Ex.A17

16.03.2024

Ex.A18

20.06.2024

Ex.A19
Ex.A20

08.04.2024
08.05.2024

Ex.A21

11.05.2024

Ex.A22

15.05.2024

Ex.A23

17.05.2024

Ex.A24

20.05.2024

Ex.A25
Ex.A26
Ex.A27
Ex.A28
Ex.A29

21.05.2024
15.07.2024
…
…
15.02.2024

Ex.A30

08.09.2024

Receipt issued by the respondent in
favour of
complainant.
Receipt issued by the respondent in
favour of
complainant.
Receipt issued by the respondent in
favour of
complainant.
Receipt issued by the respondent in
favour of
complainant.
Receipt issued by the respondent in
favour of
complainant.
No Due Certificate issued by Respondent in
favour of complainant.
Mail sent by the complainant.
Mail sent by the complainant to the
respondent.
Mail sent by the complainant to the
respondent.
Mail sent by the complainant to the
respondent.
Mail sent by the complainant to the
respondent.
Mail sent by the complainant to the
respondent.
Mail from the Respondent.
Mail from the Respondent.
Photograhs (5 in number)
8 GB SanDisk Pendrive.
Discharge summary issued by Citi Neuro
Centre in respect of Sri Ch.Ravi Shankar.
Power (Electricity) Bill.

Exhibits Marked for the Respondent (marked by consent).
Exhibit
Ex.B1

Date
…

Ex.B2
Ex.B3

…
11.10.2021

Ex.B4

01.12.2021

Ex.B5

04.03.2022

Ex.B6

13.05.2020

Cc

Description of Document marked
Copy of Electricity Sanction letter and payment
Receipt.
Colour Photos of RO Drinking Water Plant.
Copy of Notice issued to the complainant by the
Respondent.
Notice issued by the respondent to the
complainant.
Cancellation Notice issued by the respondent to
the complainant.
Office Memorandum issued by the Govt. of
India, Ministry of Finance in respect of Force
Majeure Clause (FMC).

Sd/ADJUDICATING OFFICER,
TG RERA: HYDERABAD.

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