Interim Order Complaint No. 196 of 2024

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]

I.A.No. 59 of 2024
In
COMPLAINT NO.189 OF 2024
I.A.No. 60 of 2024
In
COMPLAINT NO.195 OF 2024
I.A.No. 61 of 2024
In
COMPLAINT NO.196 OF 2024
Dated 11th November 2024

Corum:

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

Between:
Beccan Lifestyle Cultural Association

…Complainant

Versus
M/s Beccan Infrastructures Ltd.

…Respondent

The present Interim Applications, filed by the complainant, came up for
hearing before this Authority on 06.11.2024, in the presence of the Counsel
for the Complainant Sri G. Sumanth Kumar, the Counsel for the Respondent
Sri B. Radha Krishna Yadav. Upon hearing the arguments presented by the
respective Counsel, this Authority in the exercise of the powers conferred
under Section 36 of the Real Estate (Regulation and Development) Act, 2016
hereby passes the following INTERIM ORDER:
A. Brief Facts on behalf of the Complainant:
2.

This matter arises out of a batch of complaints filed under Case Nos.

189/2024/TGRERA, 195/2024/TGRERA and 196/2024/TGRERA by the
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complainant

association.

The

core

issue

pertains

to

unauthorized

construction and delay in project completion of the project titled “Beccun Life
Style” situated at Kompally – Tanda, Dundigal Gandimaisamma, MedchalMalkajgiri within the territorial jurisdiction of Hyderabad Metropolitan
Development Authority.
3.

The complainant association submitted that, as per the project

brochure and permissions granted, the Respondent No.1 was authorized to
construct and sell only four blocks up to seven floors in each block. However,
the respondent proceeded to sell units up to the ninth floor and added two
additional blocks without obtaining the necessary permissions. From 2019 to
2021, more than 200 members purchased flats based on the respondent’s
assurance to complete the project within two years. Despite the passage of
five years, construction has not commenced on A Block, A Extension Block,
D Block, and E Block.
4.

The complainant association further allege that the respondent

currently lacks funds to complete the project, raising concerns about the
misuse and unaccounted transfer of the collected funds. While Blocks B and
C were constructed up to seven floors two years ago, no further construction
has been undertaken, and the complainant association has not received any
adequate explanation for the delays. Numerous reminders and meetings with
the builder’s management have not resulted in any meaningful action, leading
to a continuous deterioration in the project’s condition.
Accordingly, the Complainant Association prayed for interim directions as
follows:
a. Direct the promoters and co-promoters to cease further sales of units until
the current allotments are finalized and secured, particularly for units on
the 8th and 9th floors of the various blocks and direct the promoters and
co-promoters to refrain from alienating or creating any additional
encumbrances, or entering into further agreements, until all current
allotments and units are finalized and secured, particularly those on the
8th and 9th floors and within unconstructed block buildings
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b. Direct the Sub Registrar Officer, Medchal (1504) not to register further
encumbrances until further orders from the RERA Authority and,
c. To declare the cancellation notices and forfeiture of amounts by the
promoters are illegal and arbitrary and set aside and allow the
complainants to visit the construction project to know the progress of the
work in transparent manner and
d. Direct the Promoters to open a bank account specifically to this project
with an oversight of RERA and designated member so the Association of
the Allottees only to ensure that the funds contributed by the allottees are
used exclusively for this project and not siphoned elsewhere
e. may pass other order or orders that the applicants/defendants are
entitled to in the interest of justice or else I will suffer irreparable loss in
the interest of justice.
B. OBSERVATION BY THE AUTHORITY:
5.

Prima facie, upon review of the complaint, supporting documents, and

the contentions raised by the complainant association as well as by the
interim application which has been filed on 6.11.2024 by the complainant
association, the immediate question that arises for consideration before this
Hon’ble Authority is:
A. Whether an interim order should be granted to restrain the
respondents from creating any third-party interest in the disputed
flats?
6.

The counsel for the complainant association has expressly requested

an interim order, citing substantial allegations against the respondents,
including unauthorized construction, significant delays in project completion,
and attempts to reregister the same flats to new buyers. If allowed to continue,
these actions could severely compromise the rights and investments of the
complainant association's allottees, causing them irreparable harm.
7.

The respondents have requested additional time to file their counter but

have not provided any substantial justification against issuing an interim
order at this stage. Given the urgency and potential for further prejudice to
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the complainant association, the Authority’s immediate intervention is
necessary.
8.

After careful consideration of the submissions made and materials

placed before the Authority, it is evident that the complainant association has
established a prima facie case warranting immediate intervention. The
allegations of unauthorized construction and the respondents' attempts to reregister the same flats to new buyers pose a significant risk to the
complainants' rights and investments.
10.

The balance of convenience favours the complainant association, as

allowing the respondents to create third-party interests could lead to complex
legal disputes and further delay the resolution of the matter. Moreover, the
potential harm to the allottees of the complainant association is irreparable,
as it involves their substantial financial investments and rightful possession
of the flats.
11.

In the interest of justice and to prevent any further prejudice to the

complainants, the Authority hereby orders as follows:
a. The respondents are restrained from creating any third-party interest
or undertaking any transaction that may alter the complainants'
rights concerning the following flats which are in question until
further orders are passed by this Authority.
S. No.

Flat no.

Owner Name

1.

A- 106

Vullenga Srinivas Rao

2.

A- 308

Harinath Vandanapu

3.

A- 612

Mamidala Ramshirish

4.

A- 814

Vanam Naveen Kumar

5.

A- 907

M Laxmi Pallavi

6.

B- G107

Muneer Pasha Syed

7.

B- 101

Kalapu Govardhanam

8.

B- 102

Gaddam Sandeep Reddy

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9.

B- 802

Hari Babu Anantha

10.

B- 805

Kankanala Srinivas Reddy

11.

C- 101

B. Lalith Kumar

12.

C- 608

M Vijaya Lakshmi

13.

C- 708

Kasira Lavanya

14.

C- 804

Benjaram Venkat Reddy

15.

D- 103

Gamidi Subhashini

16.

D- 304

Paladhi Dinesh Kumar

17.

D- 501

Linga Reddy Rajesh Reddy

18.

D- 602

Vinod Kumar

19.

D-704

K Govardhanam

20.

E- 402

Indrakaran Reddy

21.

E- 502

Godugu V Satyanarayana

22.

E- 604

Arun Kumar Kandukuri

23.

E- 703

Kotari Laxmi

24.

E- 710

Korru Sireesha

25.

E- 804

Deepak Adepu

26.

E- 910

Kandula Ratnakumari

27.

E-301

M S Ramesh

28.

A-615

R Lavanya

29.

B-508

J Ramu

30.

E-603

K Sai Naresh

31.

A-707

A Aravind Kumar

32.

A-405

S Vandana

33.

A-205

Nirmala Devi

34.

B-807

P Jaipal Reddy

35.

C-102

B Bharath

36.

A-506

Saidheeraj K

37.

E-303

YTS Kishore

38.

A-407

Sharath

39.

B-704

K Kiran Kumar

40.

A-307

V Harinath
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41.

B-601

Akhil

42.

B-608

Rajkalyan

43.

B-105

Sangeetha Thakur

44.

B-502

Jai Kishan Rao

45.

E-203

Satish Mettu

46.

E-507

P Niranjani

47.

E-607

V Sravan Kumar

48.

C-701

O Ramesh Reddy

49.

C-505

C Manjula Vani

50.

A-608

P Saya Goud

51.

B-308

U Bhaskar Rao

52.

B-405

L Naveen Kumar

53.

A-108

Y Srikanth

54.

A-613

Charan Singh

55.

A-107

Sandeep Reddy

56.

A-708

M Sunil Kumar

57.

A-614

Narender

58.

B-701

Kamesh Rao

59.

B-506

Sagar

60.

C-306

N Siddaiah

61.

C-604

Ramya

62.

C-405

Rajasri Sarkar

63.

C-606

Vikrant

64.

C-106

Prasanna Kumar

65.

E-404

Naveen Addala

66.

E-101

A Bhargavi

67.

E-401

Sandeep Vanam

68.

E-601

Chandra Sekhar

69.

E-106

Anusuya/Sravan

70.

B-302

Manisha Regonda

71.

A-914

Rajagangaram P

72.

B-304

A Shanthi
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73.

E-306

Narendra Macha

74.

D-601

Jilla Trilochan

75.

A-906

SN Siddhi

76.

B-504

Sridhar

77.

B-904

Sreelatha Yedla

78.

A-207

Shashikant

b. Failure to comply with this interim order shall invite appropriate legal
action, including contempt proceedings, as per the provisions of the
RERA Act 2016.
c. This interim order shall remain in force until the final disposal of the
main complaints.
d. The respondent is directed to file the counter, with a copy served to
the complainants' counsel.
12.

The additional interim reliefs sought by the complainant association, as

outlined in their application, will be considered at a later stage during the
ongoing proceedings after the respondent files the counter.
13.

Post this application on 14.11.2024 for the counter of Respondent for

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

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

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon'ble Chairperson,
TG RERA

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