CCP No.11 of 2024 dt.20.12.2024

BEFORE THE ADJUDICATING OFFICER,
TELANGANA REAL ESTATE REGULATORY AUTHORITY,
HYDERABAD.
Dated, this the 20th day of DECEMBER, 2024.
Present:- Sri Syed Lateef-ur Rahman,
Adjudicating Officer.
C.C.P.No.11/2024/TG RERA
Between:
Sri Mahesh Kumar Muntimadugu S/o late M.Subbarayudu,
H.No.1-2-236/25/A, Road No.6, SRL Colony, Kothapeta,
Hyderabad – 35.

…Complainant.
and
1) M/s.Bhuvanteza Infra Projects Pvt.Ltd. Corporate office, H.No.201, 2nd
Floor, Lumbini Amrutha Chambers, Nagarjuna Circle Road 3, Banjara
Hills, Hyderabad, rep., by its Managing Director Sri Chekka Venkata
Subramanyam, R/o H.No.15-31, RTP-1, Flat-406, Rain Tree Park, Malaysia
Township near Club House, Kukatpally, Hyderabad 500072.
2) Sri Chekka Venkata Subramanyam, Flat No.C-110, Jayabheri Orange
County, Road No.2, Financial District, Nanakramguda, Telangana 500 032.
3) Smt.Chekka Bhagya Laxmi W/o Chekka Venkata Subramanyam,
R/o H.No.15-31, RTP-1, Flat-406, Rain Tree Park, Malaysia Township near
Club House, Kukatpally, Hyderabad 50007.
4) Sri K.Balaji (Kotturu Balaji) S/o late Ramaiah Chowdhary, R/o Plot No.73,
Western Homes, Phase-II, Kavuri Hills Jubilee Hills, Hyderabad, Telangana.

…Respondent.
This complaint came up for hearing before me on 17.12.2024 in the
presence of complainant himself in person and after hearing 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 the Real
Estate (Regulation and Development) Act, 2016 (hereinafter referred as “the
Act”) read with Rule 35 of the Telangana State Real Estate (Regulation and

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It is the case of the complainant that on 26.08.2021, he entered into

an agreement of sale with Respondent M/s.Bhuvanteza Infra Projects
Pvt.Ltd., for purchase of a flat in the Project named “AURA (Velimala)”
situated at Velimala village & Gram Panchayat, Ramachandrapuram
Mandal, Sanga Reddy district and the said flat was to be handed over by
December, 2023 by the Respondent. Despite such commitment is made in
the agreement, the construction of the Project was significantly delayed and
as on 19.06.2024, only 20% of the Project was completed. The respondent
repeatedly assured the complainant to hand over possession in time, but
failed to do so. The Respondent agreed that in case if they failed to deliver
the Project by December, 2023, he will pay rent from January, 2024 to the
buyers till the flat is handed over to the complainant, but the complainant
did not receive any rental amount from the respondent.

The delay in

possession caused the complainant severe hardship as he has to pay both
rent for residence and EMI for the home loan obtained by him.

The

complainant apprehends that the respondent may cause diversion of funds
on account of delay in completion of the project against the interests of the
buyers of the flats. The uncertain delay caused severe psychological stress
to complainant and his family members.

As such, the complainant filed

present complaint seeking compensation of Rs.34,75,000/- which includes
interest @ 10% and compensation for mental agony and harassment etc.

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On registration of the complaint, notices were issued to the

respondents at the addresses furnished in the complaint number of times.
But, the notices could not be served properly.

At last, the case was

adjourned for steps to enable the complainant to file petition to order
publication of notices in news paper for substituted service.
4.

Later, when the matter was adjourned, the complainant has filed a

memo stating inter alia that due to inadvertence, he made four persons as
respondents in the complaint and made Respondent Nos.3 and 4 without
describing their role and description and how they are related to Respondent
Nos.1 and 2 and also could not claim the amount of compensation in detail.
It is also stated in the memo that he has also filed another complaint under
Form-M before the Hon’ble RERA Authority seeking refund of amount and
other reliefs and the same is reserved for orders. Therefore, the complainant
requested this Authority to permit him to withdraw the present complaint
with a liberty to file fresh complaint with comprehensive facts and
appropriate reliefs.
5.

Now the Point for consideration is:
Whether the complainant can be permitted to withdraw the complaint
with a liberty to file fresh complaint as prayed?

6.

POINT:
Perused the memo. In the facts and circumstances narrated in the

memo filed by the complainant as referred above, this Authority is of the
opinion that there is no legal impediment in allowing the memo permitting

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In the result, the complaint is disposed off as “withdrawn” allowing

memo permitting the complainant to file a fresh complaint, as he is so
advised. No costs.
Typed to my dictation, corrected and pronounced by me in open Court
on this, the 20rd day of DECEMBER, 2024.

ADJUDICATING OFFICER,
TG RERA: HYDERABAD.
APPENDIX OF EVIDENCE
NIL

ADJUDICATING OFFICER,
TG RERA: HYDERABAD.

Compared by:

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