Interim Order of 1826 Of 2023

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.1826 OF 2023
26th July, 2024
Corum:

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

Smt G. Sri Lekha
…Complainant(s)
Versus
M/s Swayam Infra Developers rep by Vantala Jagaiah Yadav
M/s Satya Infra Developers rep by M.Satyanaryana
…Respondent(s)
Heard on: 24.04.20234
INTERIM ORDER
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”). During the
hearing, the Complainant prayed before this Authority to pass the following
interim order in safeguarding her interest:
(a) To direct the Respondent not to alienate rights of plot no. 4 of the
concerned project to third parties until the present matter is disposed
of.
2.

The Complainant submitted that she has purchased Plot No. 4 (263

square yards) from the Respondent 1 in the project Viceroy Elite. The
Complainant paid a total amount of Rs. 22,35,500/-, which is the total sale
consideration for the said plot. The Respondent 1 has failed to register the
plot in the name of the Complainant.

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3.

Per contra, the Respondent 1 submitted to this Authority, agreeing that

the concerned plot bearing No. 4 in the project has been allotted to the
Complainant. However, the Respondent denied receiving the total sale
consideration amount from the Complainant and acknowledged that only an
amount of Rs. 4,88,000/- has been received, for which receipts have been
issued. The Respondent 1 further submitted that the Complainant paid the
total amount to the Real Estate Agent, M/s Satya Infra Developers,
represented by Mr. Satyanarayana, who out of the total amount handed over
only Rs. 4,88,000/- to the Respondent. Hence, the registration has not taken
place.
4.

The Complainant admitted that the entire sale consideration amount

was paid to the Real Estate Agent, M/s Satya Infra Developers, represented by
Mr. Satyanarayana, and submitted receipts as evidence of her averments.
5.

On 24.07.2024, the Complainant submitted an Implead Application

vide I.A. No. 35 of 2024, requesting this Authority to implead M/s Satya Infra
Developers, represented by Mr. Satyanarayana, as Respondent No. 2, alleging
that the Real Estate Agent collected the entire amount from complainant. This
Authority views that it is the duty of the Respondents to resolve the financial
transaction issues between themselves and the Respondent 1 in the event of
registration towards the purchased plot. This view is apparent from the
evidence submitted by the Complainant that she had paid the total amount to
Respodent 2, the agent. Therefore, the said application was accepted to
ensure effective adjudication of the main case involving both Respondents.
6.

The Authority observes that the Respondent 1, has neither differed nor

denied the allotment made to the Complainant. Upon reviewing the records
submitted by the Complainant, it is evident that she has paid the total
amount towards the allotted plot. However, due to the discrepancies of actions
between Respondent 1 and Respondent 2, the registration of the plot remains
incomplete.
7.

Accordingly, this Authority holds that in order to protect the interest of

the allottee in the present matter, until the issue of the non-registration of the
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concerned plot and the sale consideration amount collected by Respondent 2
or not handed over to Respondent 1 is determined, Respondent 1 shall not
alienate the rights of the allotted plot i.e., Plot No. 4 (263 sq. yards), Survey
No. 1060, TLP No. 123/2021/H, Kollure Village, Aleru Mandal.
8.

Therefore, exercising its power under Sections 36 and 37 of the Real

Estate (Regulation and Development) Act, this Authority restrains Respondent
1 from selling or registering the concerned unit to any third party until further
notice or issuance of the final order by this Authority.
9.

The Interim Order shall remain in force until the issuance of the final

order or until further modification or directions are given by this Authority.
10.

The Respondent is hereby notified to comply with this Order forthwith.

Failure to comply will result in appropriate action under Section 63 of the
Real Estate (Regulation and Development) Act.
11.

The matter is listed for hearing on 20.08.2024.

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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