Interim Order Complaint No. 33 Of 2024

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.33 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 Akula Prakash

…Complainant
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.G-10, Block
C at Tulasi Bhagyanagar Project, Dundigal registered with this Authority vide
Registration No.P02200002031.

3.

The Complainant submitted that he paid part sale consideration of

Rs.15,00,000/- (Rupees Fifteen Lakhs Only) by way of cheque and cash on
08.11.2020, 11.11.2020, 19.11.2020, 21.11.2020, 22.11.2020, 05.01.2021 and
18.01.2021 to Respondent No.2, M/s Bhuvanteza Infra Projects Pvt. Ltd.,
through its Authorised Representative, Sri Chekka V. Subramanyam towards
purchase of Flat No.G-10, Block C at Tulasi Bhagyanagar Project, Dundigal. That
the Respondent No.2 also executed Agreement of Sale dated 06.12.2020 in favour
of the Complainant 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., 06.12.2020, 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 06.12.2020 was executed by
Respondent No.2. It was categorically submitted that 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 for the transaction. It was also specifically submitted
that the Respondent No.1 never entered into any agreement with Respondent

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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. This
Authority is of the considered opinion that the Respondent No.1 is waiving off its
responsibility towards the innocent Complainant/allottee by merely submitting
that there is no privity of contract between the Complainant and the Respondent
No.1. The very fact that the Respondent No.1 does not speak of its contractual
relationship, whether on paper or oral, with the Respondent No.2, who has
proceeded with several sales of the Project belonging to the Respondent No.1
raises grave suspicion of the actions of the Respondent No.1 in violation of the
provisions of the Act, 2016. It appears that Respondent No.1 is attempting to
abdicate its responsibility to the detriment of the innocent Complainant.

7.

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

protect the rights and interests of the Complainant/allottee, in the interim, this

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Authority directs Respondent No.1 not to alienate/sell/transfer or create any thirdparty rights on Flat No.G-10, 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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