CCP No.41 of 2024 Dt.18.03.2025 withdraw CC

BEFORE THE ADJUDICATING OFFICER,
TELANGANA REAL ESTATE REGULATORY AUTHORITY,
HYDERABAD.
Dated, this the 18th day of MARCH, 2025.
Present:- Sri Syed Lateef-ur Rahman,
Adjudicating Officer.
C.C.P.No.41/2024/TG RERA
Between:

1) Sri Anne Naveen Kumar.
2) Ms.Anne Divya.
3) Sri Anne Venkat Satyanarayana.
4) Ms.Anne Sujatha.
Plot No.7, Dhanalakshmi Colony, Bapuji Nagar,
New Bowenpally, Secunderabad 500 011.
…Complainants.
And
Jubilee Hills Landmark Projects Pvt.Ltd., Regd.Office:
Sy.No.16/3, Ward No.9, Road No.1, Jubilee Hills Check
Post, Jubilee Hills, Hyderabad 500 033.
…Respondent.
This complaint came up before me on this day for enquiry and hearing
in the presence of Counsels for the Complainant and of the respondent,
upon perusing the memo for withdrawal of complaint by the complainants
and other material on record and on hearing both sides and having stood
over for consideration, 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
Development) Rules, 2017 (hereinafter referred as “the Rules”) to grant
compensation.
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The respondent had

acquired the property admeasuring 28,303 Sq.yards of land in T.S.No.16/3
(Old Sy.No.120/Part, 403/Part) Block-II, Ward No.9, near Jubilee Hills
Check Post situated at Shaikpet village and Mandal, Hyderabad. Thereafter,
the respondent entered into a Joint Development Agreement-cum-General
Power of Attorney dt.24.08.2011 in respect of the said property with Mantri
Mansion Private Limited (MMPL) vide document No.1327/2011.

The said

Mantri Mansion Private Limited has been amalgamated into Mantri
Developers Pvt. Ltd., (MDPL) vide an order dt.31.05.2018 passed by the
National Company Law Tribunal, Bengaluru Bench in Company Petition CP
(CAA) No.46/BB/2017.

The said Project was being constructed over the

said land after obtaining permissions from GHMC for construction of superpremium luxury residential units/Apartments in multi-storied apartment
buildings on the Project ‘Mantri-A Residential Project’.
2(b). It is averred in the complaint that initial allotment was done for Unit
A-902 in December, 2021 and the same was subsequently shifted to F-902
in the month of March, 2022. In terms of contents in Schedule A1 of
Registered Agreement of Sale vide Document No.2316/2022, dt.30.03.2022,
they have made total payment of Rs.1,08,00,000/- (Rupees One Crore and
Eighty Lakhs only). Later on, the respondent failed to deliver possession of
the Flat by the agreed date, i.e.,30.09.2023. The respondent has also failed
to complete the Project within the proposed completion date. As on date,

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In the given financial inability of the

respondent in conjunction with country-wide recovery proceedings initiated
against the respondent and Mantri group companies, it is unlikely that the
respondent will be able to complete the Project. Therefore, the complainant
filed present complaint seeking compensation of Rs.11,76,750/- (Rupees
Eleven Lakhs, Seventy Six Thousand, Seven Hundred and Fifty only)
towards delay in delivering possession of Flat for one year i.e.,from
01.10.2023 to 30.09.2024; and monthly interest as per prevailing highest
SBI MCLR plus 2% payable every month from 1st October, 2024 till handing
over possession of completed unit; and also to award costs of the complaint.
3.

On registration of the complaint, notices were issued to both the

parties. Upon receipt of notice, respondent made appearance through
Ms.Shireen Sethna Baria, Advocate, who filed Vakalat on behalf of
respondent and subsequently filed counter along with documents.

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Thereafter, during enquiry, Sri Mohd.Shujauddin, Advocate filed

Vakalat for complainants and got marked Exs.A1 to A7 documents and
Exs.B1 to B20 documents were marked on behalf of respondent, with
consent and the matter was posed for arguments.
5.

When the matter came up for arguments, Complainants filed a memo

giving notice to Counsel for respondent stating inter alia that they filed this
complaint seeking delayed possession interest till handing over possession
and when the mater came for hearing, it is noticed that this Tribunal has no
jurisdiction to adjudicate the relief as per the decision of Hon’ble Supreme
Court in “M/s.Newtech Promoters and Developers Pvt.Ltd, vs State of Uttar
Pradesh” and as such they wants to withdraw the complaint reserving right
to file fresh complaint and sought permission to withdraw this complaint
granting liberty to file fresh complaint before the Regulatory Authority.
Notice of the said memo is given to other side, who endorsed as “copy
received and no objection.”
6.

Heard.

In the facts and circumstances stated in memo and since

memo not opposed, the memo has to be allowed.
7.

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

to file fresh complaint as mentioned in memo, as they are advised in
accordance with law.
Typed to my dictation, corrected and pronounced by me in open Court
on this, the 18th day of MARCH, 2025.

ADJUDICATING OFFICER,
TG RERA: HYDERABAD.
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Ex.A-2:
Ex.A-3:
Ex.A-4:
Ex.A-5:
Ex.A-6:
Ex.A-7:

EXHIBITS MARKED FOR COMPLAINANTS (with consent)
Copy of Cheque bearing No.000481, dt.18.07.2021 for
Rs.50,00,000/- (Rupees Fifty Lakhs only) issued in favour of
respondent.
Copy of Agreement of Sale, dt.29.12.2021.
Copy of Agreement of Sale, dt.30.03.2022 vide Doc.No.2316/2022.
Copy of payment schedule in respect of Mantri “A” Project.
Copy of memo filed on behalf of Respondent No.1 (JHLPL) in
Complaint No.678/2022/TSRERA.
Copy of intimation sent by the complainant No.1 to respondent,
dt.01.10.2023.
Copy of letter sent by Mantri Developers Pvt.Ltd., to complainant
No.1.
EXHIBITS MARKED FOR RESPONDENT

Ex.B-1: Dt.05.01.2022: Copy of resolution passed by the Board of Directors of
respondent dt.05.01.2022.
Ex.B-2: Dt.07.03.2006: Copy of the Certificate of Incorporation.
Ex.B-3: Dt.16.08.2010: Copy of Memorandum of Association.
Ex.B-4: Dt.16.08.2010: Copy of Articles of Association.
Ex.B-5: Dt.19.09.2006: Copy of the Sale Deed.
Ex.B-6: Dt.05.05.2011: Copy of the Development Agreement.
Ex.B-7: Dt.24.08.2011: Copy of the first amendment to the Development
Agreement-cum-GPA.
Rc.B-8: Dt.04.12.2012: Copy of the second amendment to the
Development Agreement-cum-GPA.
Ex.B-9: Dt.10.09.2013: Copy of Supplementary Agreement.
Ex.B-10: Dt.24.01.2018: Copy of 3rd amendment to the Development
Agreement-cum-GPA.
Ex.B-11: Dt.06.10.2012: Copy of GHMC building permit order.
Ex.B-12: Dt.21.02.2018: Copy of GHMC building permit order.
Ex.B-13: Dr.29.02.2021: Copy of GHMC building permit order.
Ex.B-14: Dt.23.07.2024: Copy of extension application and affidavit in
support of the application under Form-B.
Ex.B-15: Dt.12.08.2024: Copy of sanction letter – Annexure-14.
Ex.B-16: Dated: N I L :::: Copy of Confirmation of Deposit.
Ex.B-17: Dt.30.06.2024: Copy of Certificates from Arthitect, CA and
Chartered Engineer.
Ex.B-18: Dated: N I L ::: Copy of list receivable.
Ex.B-19: Dt.27.08.2024: Copy of memo filed on behalf of R2 in
C.C.No.15/2024 on the file of RERA, Hyderabad.
Ex.B-20: Dated: N I L :::: Copies of status of the Project.

ADJUDICATING OFFICER,
TG RERA: HYDERABAD.
CC.

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