Interim Order Complaint No. 1297 Of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY
AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.1297 OF 2023
COMPLAINT NO.1299 OF 2023
COMPLAINT NO.1298 OF 2023
COMPLAINT NO.1313 OF 2023
COMPLAINT NO.1314 OF 2023
28th Day of November, 2023
Corum:

Dr. N. Satyanarayana, IAS (Rtd), Hon’ble Chairperson
Sri Laxmi Narayana Jannu, Hon’ble Member
Sri K. Srinivasa Rao, Hon’ble Member

Smt Sowmya Pothuru
Sri Jasti Nihin Teja
Sri Surukanti Srinath Reddy
Sri Harsha Chitanya Vurugonda
Sri Badam Pradeep Kumar
…Complainant(s)
Versus
M/s Jaswitha Constructions

…Respondent(s)

The present matter filed by the Complainant herein came up for hearing on
21.11.2023 before this Authority in the presence of Complainants present in
person, Sri Srinivas and Sri Chandrshekar on behalf of the Respondent. Upon
hearing the arguments of the party, this Authority passes the following
INTERIM ORDER:
2.

This Interim order shall be applicable to all 5 complaints filed under

Form M, section 31 of the Real Estate (Regulation and Development) Act,
2016 ("the Act"), read with rule 34(1) of the Telangana Real Estate (Regulation
and Development) Rules, 2017 ("the Rules"). These complaints allege violation
or contravention of the Act of 2016 or the Rules and Regulations made
thereunder. The Act prescribes that the Promoter shall fulfill all obligations,
responsibilities, and functions towards the allottee as per the agreed terms.
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3.

Captioned complaints are grouped together for hearing as they involve

the same issues pertaining to the same project and the same respondent, M/s
Jaswitha Constructions– project "Jaswitha Luxor." The terms and conditions
of the builder-buyer Sale Deeds, entered into between the parties, are also
similar.
4.

The present complaint revolves around the Respondent Firm’s being the

developer for the development of land admeasuring 6167.44 square yards in
survey no.133, (out of A.c 1-24 guntas), situated at Gandipet Ranga Reddy,
Telangana. In 2018, the Promoter obtained construction permission for a
Residential

complex

from

HMDA

Proceeding

no.

010049/SKP/R1/U6/HMDA/29/03/2018. The said Project is registered with
TSRERA under registration no. P02400001886. The complainant contends
that the Respondent has promised all the complainants that the possession of
the units will be handed over to the Complainants by 31.03.2022. As per the
Affidavit cum Declaration submitted to TSRERA, the said project shall have
been completed by 21.12.2021.
5.

Further, an extension of RERA registration of the project was granted to

the Respondent, which is valid up to 31.12.2022. And yet, the Respondent
has failed to complete the construction work of the said project.
6.

Further, the Respondent has been constantly avoiding the allottees and

has not been replying to any of the communication sources. Hence, with no
clarity

over

the

said

project

and

inevitable

losses

suffered

by

the

complainants, this complaint has been filed before this Authority. The
Complainant contends that the Respondent violated sections, rules and
regulations, by not adhering to project completion timelines in agreements
with various allottees. The Complainant asserts that the Respondent's actions
misled allottees about completion timelines, prompting them to enter into
agreements.
7.

On 21.11.2023, a hearing was conducted wherein both parties were

present.

The

Complainants

reiterated

the

contentions

raised

in

the

complaints; however, the Respondent submitted that the delay took place
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because of the Covid-19 pandemic situation, as not available skilled workers
and receiving ordered materials also delayed from other states, and after
recovering from Covid, the Respondents have engaged new vendors as the old
vendors have left the work midway. Due to the above said reasons, there has
been a delay in completing the work, and they are committing towards the
completion of work within 3 months, including all promised amenities.
Whereas, with respect to the RERA registration, there has been a clerical
mistake by the Respondent while making an application to RERA, HMDA gave
permission for completion of the said project till 2026; they have applied for
correction of RERA registration, which is pending before this Authority.
8.

Upon careful consideration of the representations put forth by both

parties, it is apparent that the Respondent has failed to fulfil the contractual
obligation

of

delivering

the

specified

project

within

the

agreed-upon

timeframe, as explicitly acknowledged by the Respondents themselves. This
Authority notes with concern the Respondent's consistent and negligent
disregard in responding to the grievances raised by the Complainants
regarding the status of the construction. Furthermore, this Authority observes
that approximately 50% of the units offered by the Respondent remain unsold
and are yet to be sold. Whereas the RERA extension registration was valid
until 31.12.2022, the Respondent has applied for a correction of the
certificate before TSRERA.
9.

The Respondent's failure to adequately address the concerns related to

the construction stage and the pending construction work, as stipulated by
the promoter, necessitates the issuance of an interim order in the present
matter.
10.

Therefore, upon consideration of the facts and circumstances of the

present case, this Authority deprecates the behaviour of such Builders who
evade the law and, considering the prima facie merits of the complaints and
the request for interim relief, the Authority hereby issues the following interim
order:

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The Respondent hereby directed to take responsibility for addressing the
concerns raised by the complainants regarding the progress of the project in
question. Consequently, the Respondent shall establish a dedicated desk to
receive and respond to grievances from the Complainants, specifically
addressing issues raised by the Allottees concerning the aforementioned
project. The purpose of this desk is to acknowledge and appropriately respond
to concerns brought forth by the allottees.
11.

The matter is listed on 19.12.2023 for hearing.

Sd/Sri K. Srinivasa Rao,
Hon'ble Member,
TS RERA

Sd/Sri Laxmi Narayana Jannu,
Hon'ble Member,
TS RERA

Sd/-

Dr. N. Satyanarayana, IAS (Retd.),
Hon'ble Chairperson,
TS RERA

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