Interim Order Complaint No 1786 Of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY
AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.1786 OF 2023
4th day of May, 2024
Corum:

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

M/s Coconut Grove Flat Owners Maintenance Mutually
Aided Co-operative Society Limited
…Complainant(s)
Versus
M/s RDB Hyderabad Infrastructures PVT.Ltd
Sri Raja Sekhar Reddy

…Respondent(s)

The present matter filed by the Complainant herein came up for hearing
on 02.05.2024 before this Authority in the presence of Counsel Kirthi Teja
Kondaveeti for the complainant and Respondent and upon hearing the
arguments of the parties, this Authority passes the following INTERIM
ORDER:
2.

The present Complaint has been filed under 31 of the Real Estate

(Regulation and Development) Act, 2016 (hereinafter referred to as the “Act”)
read with rule 34(1) of the Telangana Real Estate (Regulation and
Development) Rules, 2017 (hereinafter referred to as the “Rules”) requesting
interim directions to:
1. to rectify the seepage issues/leakages
2. to undertake water proofing on top floor
3. to make sure that there is no water logging in the lift pits,
4. to replace the poor electrical infrastructures with good quality

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5. to replace the secondhand / used/outdated diesel generators installed in
towers Daffodil and Rose with new diesel generators of the best
company,
6. to take steps immediately to construct compound wall for the building
7. to take steps for change of the common power billing name to the society
name
8. to take steps to install automatic cut off valve for overhead tanks.
3.

The counsel for the complainant submits that a dispute exists with the

revenue authorities regarding the earmarked location for the clubhouse as per
the sanctioned plan, resulting in an overlap whereby a portion of their area
falls within the premises of the society. Consequently, the respondent has
refrained from completing 10% of the construction of the compound wall due
to the ongoing dispute with the revenue department. This omission has
created an open space, posing safety hazards to the residents of the
concerned project, including the ingress of hazardous snakes into the
building premises.
4.

Moreover, water logging in the lift pits has rendered the lifts unsafe for

use, further exacerbating the safety concerns of the residents. Therefore, the
complainant requests this Authority to issue an interim order directing the
respondent builder to promptly rectify and complete the pending work in
areas posing threats to the safety of the residents.
5.

Per contra, the authorized representative of the Respondent has

requested a three-week extension citing the unavailability of the Respondent's
Counsel.
6.

This Authority has duly considered the submissions of both the

complainant and the Respondent. Upon review, it is evident that the
complainant's argument holds merit, and the balance of convenience favors
the complainants. Their safety is at risk, and granting the interim relief as
prayed for would not cause any harm to the Respondent.

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7.

In consideration of the safety concerns raised by the complainant

association and in the interest of upholding their rights, this Authority,
exercising its powers under Section 37 of the RE(R&D) Act, hereby issues the
following directives to Respondent 1:
a. The Authority recommends the construction of a 2-foot-high basement
along the site boundary to protect residents from snakes and other
hazardous animals. Additionally, the installation of a gate for the
protection of ingress and egress shall be done by Respondent 1
b. With the impending monsoon season, the complainants' concerns
regarding seepage and leakages are noted. Therefore, waterproofing
measures should be undertaken on the terrace.
c. Steps have to be taken to ensure no water enters the the lift pits.
d. Respondent 1 is directed to strictly adhere to these directives and to
complete the aforementioned works within 15 days from the date of
receiving this order.
In

the

event

of

non-compliance

with

the

aforementioned

directives,

appropriate action under section 63 will be initiated against Respondent 1.
This matter is scheduled for review on 11.06.2024.

Sd/-

Sri. K. Srinivas Rao,
Hon’ble Member
TS RERA

Sd/-

Sri. Laxmi NaryanaJannu,
Hon’ble Member
TS RERA

Sd/-

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

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