CCP No.12 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.12/2024/TG RERA
Between:
1) S.Pradeep Kumar S/o SKN Mani Kumar (late), R/o Flat No.531,
5th Block, Janapriya Quarters, Mohan Nagar, Kothapeta,
Saroornagar, Ranga Reddy District 500 035.
2) Sri M. Mahesh Kumar S/o late M.Subbarayudu, H.No.1-2-236/25/A,
Road No.6, SRL Colony, Kothapeta, Hyderabad – 35.

…Complainants.
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 Jerripothula Phani Bhushan Rao S/o late Rama Rao, R/o 1-1-401/1/1,
Flat No.401, Sirish Enclave, Gandhi Nagar, near Andhra Café, Hyderabad
500 080.

…Respondents.
This complaint came up for hearing before me on 17.12.2024 in the
presence of complainants 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 complainants that on 04.08.2021 they entered

into an agreement of sale with Respondent M/s.Bhuvanteza Infra Projects
Pvt. Ltd. for purchase of a flat in the Project named “HAPPY HOMES Phase2” bearing Flat No.G-15, D Block, measuring 1280 Sft. situated at
Shamirpet village and Mandal, Medchal Malkajgiri District and the said flat
was to be handed over by December, 2023.

Even after agreement, the

Project construction was considerably delayed and the Respondents stated
that Project was cancelled due to Government permissions and they focused
them to move from Happy Home Phase-2 to Happy Home Phase-1, which is
also situated at Shamirpet village and Mandal. The respondents stated that
the Happy Home Phase-1 units are only 1220 and 1380 Sq.ft. and the
complainants need to pay an additional amount of Rs.5,00,000/- for a new
flat and Flat No.313, Block B with 1220 Sq.ft. was allotted to the
complainants and hiked Sq.ft. price by Rs.300/-. When the complainants
tried to ask the respondents regarding delay, the respondents did not
respond. The delay in possession caused severe hardship as they had to
pay both rent for residence and EMI for the home loan obtained.

The

complainants apprehend that the respondents 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 the complainants and their family members. As such, the complainants
filed present complaint seeking compensation of Rs.21,76,000/- which

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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 complainants to file petition to order
publication of notices in news paper for substituted service.
4.

Later, when the matter was adjourned, the complainants have filed a

memo stating inter alia that due to inadvertence, they have made four
persons as respondents 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 they have 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

complainants requested this Authority to permit them to withdraw this
complaint with a liberty to file fresh complaint with comprehensive facts and
appropriate reliefs.
5.

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

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

memo filed by the complainants as referred above, this Authority is of the
opinion that there is no legal impediment in allowing the memo permitting
the complainants to withdraw the complaint with a liberty to file a fresh
complaint. Accordingly, it is held that the memo has merits and deserves to
be allowed.
7.

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

memo permitting the complainants to file a fresh complaint, as they are 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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