CCP NO.33 of 2024 dt.27.02.2025

Page 1 of 10

BEFORE THE ADJUDICATING OFFICER,
TELANGANA REAL ESTATE REGULATORY AUTHORITY,
HYDERABAD.
Dated, this, the 27th day of FEBRUARY, 2025.
Present:- Sri Syed Lateef-ur Rahman,
Adjudicating Officer.
COMPLAINT No.33/2024/TG RERA
Between:
Sri Surepalli Rahul S/o Sri S.Chandra Mohan, R/o S.No.5-854,
Plot No.121, Izzath Nagar, Serilingampally Mandal, Ranga
Reddy.
…Complainant.
and
M/s.EVK Projects Pvt.Ltd., rep., by its Managing
Director Sri Guntupalli Srinivasa Rao, 246, Vaksparl Road,
78, Jubilee Hills, Hyderabad 500 033.
.....Respondent.
This complaint came up for hearing before me on 10.02.2025 in the
presence of the Authorized person on behalf of the complainant and the
Respondent remained ex parte, upon hearing the argument on behalf of the
complainant and having stood over for consideration till this day, the following
order is passed:
ORDER
The present complaint has been filed u/s 31 of Real Estate (Regulation and
Development) Act, 2016 (hereinafter referred to as ‘the Act’) read with Rule 35 of the

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CASE OF THE COMPLAINANT:

2(a).

The factual matrix as gathered from the complaint reveals that the respondent

started a venture and informed the complainant that the land would be developed by
making plots and HMDA approval would be obtained for the Layout.

With such

promise, the respondent made a pre-launch offer to the complainant and others for
sale of the plots in land bearing Sy.No.670/P, at Pedda Amberpet (Kalan) village,
Abdullapurmet Mandal, Ranga Reddy District. On such offer, the complainant decided
to purchase one plot bearing plot No.34 admeasuring 202 Sq.Yards at the rate of
Rs.17,500/- (Rs.Seventeen Thousand and Five hundred only) per Sq.yard and the total
sale consideration being Rs.35,35,000/-(Rupees Thirty Five Lakhs and Thirty Five
Thousand only). Initially, the complainant made payment of Rs.10,000/- (Rupees Ten
Thousand only) under receipt dt.08.06.2021 to the respondent. Later, the complainant
has also paid an amount of Rs.4,90,000/- (Rs.Four Lakhs and Ninety Thousand only)
under another receipt dt.11.06.2021.

Thereafter, the complainant made further

payment of Rs.4,00,000/- (Rupees Four Lakhs only) on 16.06.2021 under receipt and
on the same day, the respondent executed an Agreement of Sale acknowledging total

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But the respondent has failed to develop the land, got the Layout

approved from HMDA and thus, played fraud with the complainant and others. The
complainant made several attempts to contact the respondent and get the plot
registered after necessary development, but in vain.

At last, the complainant got

issued legal notice dt.21.12.2023 to the respondent expressing concern in the matter
and that the complainant paid the said amount with great difficulty by availing housing
loan and at last requested for return of advance amount paid by him. There was no
response from the respondent.

Having concluded that the respondent has played

fraud and made the complainant to suffer physically and mentally, the complainant at
last filed a case before the Real Estate Regulatory Authority for refund of amount paid
and also filed the present case for compensation. The complainant prays to award
compensation of Rs.4,00,000/- under different heads.

3.

Notice

was

issued

to

the

respondent

by

Registered

Post

Acknowledgment Due, which was returned un-served as ‘addressee left’.

and

with

Again a

fresh notice was issued by registered post with acknowledgment due, which was
served on the respondent. The respondent on next date of hearing, as endorsed on

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Therefore, the

respondent has been set ex parte.

4.

When the case posted for ex parte evidence, father of the complainant appeared

as the complainant gave an authorisation letter in his favour to prosecute the case.
Father of the complainant requested to mark documents filed in support of the case
and accordingly, Exs.A1 to A8 have been marked on behalf of complainant.

5.

Heard the father of the complainant.

6.

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

compensation and if so, to what amount?

7.

POINT:

A reference to the case of the complainant while referring to the contents of the
complaint has been made supra.

In support of his case, the complainant got marked

Exs.A1 to A8. Ex.A1 is Agreement of Sale dt.16.06.2021 executed by the respondent
in favour of the complainant. Exs.A2 to A4 are the receipts dt.08.05.2021, 08.06.2021
and 16.06.2021 for payment of Rs.10,000/-(Rs.Ten Thousand only); Rs.4,90,000/(Rs.Four Lakhs and Ninety Thousand only); and Rs.4,00,000/- (Rupees Four Lakhs
only) by the complainant to the respondent.

Ex.A5 is copy of broucher of the

respondent with regard to the Project in question. Ex.A6 is office copy of notice issued

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The respondent having agreed to sell the plot and received amounts and

executed documents as above is under obligation to answer the claim of the
complainant. The respondent on issuance of notice failed to appear and contest the
claim inspite of the fact that the notice was served on him.

In these facts and

circumstances, it has to be held that the complainant is entitled for compensation.

8.

Now the question is as to for how much compensation the complainant is

entitled.

The complainant has claimed an amount of Rs.4,00,000/- (Rs.Four Lakhs

only) as compensation, viz., Rs.2,00,000/- (Rs.Two Lakhs only) towards mental
harassment; Rs.1,00,000/- (Rupees One Lakh only) towards loss of income and
Rs.1,00,000/-

(Rupees

miscellaneous expenses.

One

Lakh

only)

towards

Court/Legal/Travel/other

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In view of said conclusion that the complainant is entitled for

compensation, it has to be noted that the compensation has to be granted
under the heads pecuniary and non-pecuniary. Though compensation has not
been defined under the Act, Section 72 of the Act speaks about factors to be
taken into consideration while adjudicating the question of compensation,
which

reads as under:

“Sec.72. Factors to be taken into account by the Adjudicating
Officer:- While adjudging the quantum of compensation or interest,

as the case may be, under Section 71, the adjudicating officer shall
have due regard to the following factors, namely:(a)
(b)
(c)
(d)
10.

the amount of disproportionate gain or unfair advantage,
wherever quantifiable, made as a result of the default;
the amount of loss caused as a result of the default;
the repetitive nature of the default;
such other factors which the adjudicating officer considers
necessary to the case in furtherance of justice.”

For determining the compensation to be granted to the complainants for

loss or injury due to non-delivery of possession on time, there is Authority of
the Hon’ble Apex Court in “M/s. Fortune Infrastructure (now known as

M/s.Hicon Infrastructure) and another vs. Trevor D’Lima and others, Civil
Appeal No.(s) 3533-3534 of 2017 decided on 12.03.2018, wherein it is held :

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“No hard and fast rule can be laid down, however, a few

examples would be where an allotment is made, price is
received/paid, but possession is not given within the period
set out in the brochure. The Commission/Forum would
then need to determine the loss. Loss could be determined
on basis of loss of rent which could have been earned if
possession was given and the premises let out or if the
consumer had to stay in rented premises, then on the basis
of rent actually paid by him. Along with recompensing the
loss, the Commission/Forum may also compensate for
harassment/injury, both mental and physical.”
In the aforesaid case, the Hon’ble Apex Court laid down the principle for
entitlement of the compensation due to loss or injury and its scope in cases
where the promoter of real estate failed to complete the project and defaulted
in handing over its possession.

11.

As noted supra, the complainant has claimed compensation under various

heads. Admittedly, the complainant agreed to purchase the plot for Rs.35,35,000/(Rupees Thirty Five Lakhs and Thirty Five Thousand only) and out of said sale
consideration, he has paid Rs.9,00,000/- (Rupees Nine Lakhs only). The respondent
having agreed to sell the plot by taking necessary approval from HMDA by preparing
Layout, has failed to do so. Thus, the respondent under wrong promise played fraud
against the complainant. In our Indian society, persons would be interested to own a
house for the self occupation of their family by investing their hard saving amounts

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The

complainant has claimed Rs.4,00,000/- (Rupees Four Lakhs only) under said three
heads. The complainant claimed compensation for mental agony, loss of income and
Court/Legal/Travel/Miscellaneous expenses. Having regard to all these facts and
circumstances, this Authority is of the considered view that grant of compensation of
Rs.80,000/- (Rupees Eighty Thousand only) towards mental agony;

Rs.20,000/-

(Rupees Twenty Thousand only) towards loss of income, affect on carrier, permissions
etc; and Rs.20,000/- (Rupees Twenty Thousand only) towards legal expenses etc
would meet the ends of justice. The Point is accordingly answered in favour of the
complainant and against the respondent.

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In view of finding on Point No.1, the complainant is entitled for following

compensation under different heads:

Sl.No.

Head(s)

Amount (in Rupees)

1

Compensation towards loss of income on

20,000-00

working

days

due

to

visits

by

the

complainant to

get the plot registered and

to

make

request

to

development

as

promissed.
1

Compensation towards mental agony.

80,000-00

3

Compensation towards legal expenses

20,000-00

TOTAL

1,20,000-00

(Rupees One Lakh and Twenty Thousand only).

The Point is accordingly

answered in favour of complainant and against the respondent.

13.

In the result, the respondent is directed to pay an amount of Rs.1,20,000/-

(Rs.One Lakh and Twenty Thousand only) towards compensation within (60) days from
the date of this Order, failing which, Respondent shall be liable to pay interest at the
rate of 10% per annum (highest MCLR rate of 8% plus 2% i.e., 10% per annum) as per
Rule 15 of the Rules from the date of complaint till realization. The complaint is partly
allowed accordingly.

Typed to my dictation, corrected and pronounced by me in open Court on this, the 27th
day of FEBRUARY, 2025.

ADJUDICATING OFFICER,
TG RERA: HYDERABAD.

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WITNESSES EXAMINED
None
Exhibits marked for complainant:
Ex.A1

Dt.16.06.2021 Copy of Agreement of Sale.

Ex.A2

Dt.08.05.2021 Receipt for payment of Rs.10,000/- issued by
respondent company.

Ex.A3

Dt.08.06.2021 Receipt for payment of Rs.4,90,000/- issued by
respondent company.

Ex.A4

Dt.16.06.2021 Receipt for payment of Rs.4,00,000/- issued by
respondent company.

Ex.A5

Dt.NIL

Ex.A5 is copy of broucher of the respondent with regard
to the Project in question.

Ex.A6

Dt.21.12.2023 Ex.A6 is office copy of notice issued by the complainant
dt.21.12.2023.

Ex.A7

Dt.NIL

Ex.A7 is the copy of Authorization given by the
complainant in favour of his father to prosecute this
case.

Ex.A8

Dt.10.09.2024 Copy of order passed by RERA authority in Complaint
No.222/2024 filed by the complainant.

Exhibits marked for Respondents
NIL (Respondents ex parte)

ADJUDICATING OFFICER,
TG RERA: HYDERABAD.
Cc

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