Interim Order Complaint No. 32 Of 2024

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.32 OF 2024
14th Day of August, 2024
Corum:

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

Sri D. Vinod & Sri M. Sathish

…Complainants
Versus

1. M/s Green Metro Infratech Projects Pvt. Ltd.,
Represented through its Authorised Representative,
Sri Boddu Ashok Kumar
2. M/s Bhuvanteza Infra Projects Pvt. Ltd.,
Represented through its Authorised Representative,
Sri Chekka V. Subramanyam
…Respondents

The present matter filed by the Complainant herein came up for hearing
on 05.06.2024, 09.07.2024, 31.07.2024 and 14.08.2024 before this Authority in
the presence of Complainant in person, and Counsel for Respondent No.1, Sri
V.M.N.S. Prasad, Sri U. Narendra and Sri Govind Narayana Swami, none for
Respondent No.2, and upon hearing the arguments, this Authority passes the
following INTERIM ORDER:

2.

The present Complaint has been filed under Section 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”) seeking interim directions to the

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Respondent No.1 not to create any third-party rights on the Flat No.309, Block
C at Tulasi Bhagyanagar Project, Dundigal registered with this Authority vide
Registration No.P02200002031.

3.

The Complainant submitted that he paid the total sale consideration of

Rs.26,00,000/- (Rupees Twenty-Six Lakhs Only) by way of cheque and cash on
19.09.2020, 26.09.2020, 28.09.2020, 08.10.2020, 19.11.2020 and 08.12.2020
to Respondent No.2, M/s Bhuvanteza Infra Projects Pvt. Ltd., through its
Authorised Representative, Sri Chekka V. Subramanyam towards purchase of
Flat No.309, Block C at Tulasi Bhagyanagar Project, Dundigal. That the
Respondent No.2 also executed Agreement of Sale dated 08.10.2020 in favour of
the Complainants in this regard. Further, said Respondent promised to register
the said Flat in favour of the Complainant within a period of 10 days, however,
almost 4 years have elapsed since the date of the Agreement i.e., 08.10.2020, but
there has been no response from the Respondent No.2.

4.

Meanwhile, notices have been issued to the Respondents and the notices

have been returned for Respondent No.2, whereas, Respondent No.1 entered
appearance through its counsel. Respondent No.1 also filed a reply, primarily
submitting that there is no privity of contract between the Complainant and the
Respondent No.1 as the Agreement of Sale dated 08.10.2020 was executed by
Respondent No.2. It was categorically submitted that even though the
Respondent No.1 received amounts from, one Gayathri Kirana, the same was
refunded on 16.05.2024. No sale consideration was ever received by Respondent
No.1, however, as per the document/agreement of Sale dated 08.10.2020, the
entire sale consideration was received by Respondent No.2, who is responsible

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for the transaction. It was also specifically submitted that the Respondent No.1
never

entered

into

any

agreement

with

Respondent

No.2

for

sale/marketing/advertising of the Respondent No.1’s flats in the Tulasi
Bhagyanagar Project, Dundigal. That therefore, it was prayed that present
complaint be dismissed against the said Respondent No.1.

Interim Directions:
5.

This Authority has perused the material on record and heard contentions

of both the parties. During the hearing, the Complainants reiterated the contents
of their complaint and sought for interim reliefs whereas, the Respondent No.1
prayed not to issue any interim directions to Respondent No.1 as there exists no
privity of contract between the Complainant and the Respondent No.1.

6.

This Authority heard this matter along with other connected matters and

observes that amounts were sent by the Complainant to the Respondent No.1
through Respondent No.2, who has failed to appear before this Authority. It is
observed that amounts were sent by the Complainants to the Respondent No.1
vide Cheque No.219039 drawn on SBI Bank dated 08.12.2020. If at all
Respondent No.1 assumed that the said amounts were receiving by error on part
of the Complainants, he ought to have reversed the transaction within a period
of one month or such reasonable period from the date of transaction. However,
Respondent No.1 reversed the said amounts on 16.05.2024, after an inordinate
delay of nearly 3.5 years, which clearly indicates Respondent No.1's intent. The
fact that Respondent No.1 reversed the amounts only after the Complainants filed
the present complaint before this Authority in March 2024 raises grave suspicion
regarding the Respondent's actions in violation of the provisions of the Act, 2016.

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It appears that Respondent No.1 is attempting to abdicate its responsibility to
the detriment of the innocent Complainants.

7.

This, in view of the Authority is not permissible and therefore, in order to

protect the rights and interests of the Complainants/allottees, in the interim, this
Authority directs Respondent No.1 not to alienate/sell/transfer or create any thirdparty rights on Flat No.309, Block C at Tulasi Bhagyanagar Project, Dundigal until
the present complaint is finally disposed of by this Authority. Upon failure of the
Respondent to comply with this order appropriate action under section 63 will be
initiated against the Respondent No.1.

8.

Matter is listed for further hearing on 10.09.2024.

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

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

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