Order Complaint No. 101 of 2025
Order Details
| Order Type | TG-RERA Authority |
|---|---|
| Complaint/Case Number | Complaint No. 101 of 2025 |
| Year | 2025 |
| Order Category | Regular Order |
| Order Date | 03 Nov 2025 |
| Complainant | Hyderabad 500047) |
| Respondent | Abdullapurmet Mandal, Ranga Reddy Dist- 500068) |
| PDF Document | Download PDF BU_131125160441251.pdf |
Full Order Text
BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO. 101 OF 2025
Dated:
Quorum:
03rd November 2025
Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member
Between:
Ragi Deepa Sreenivas W/o Ragi Srinivas
(10-475/6, G-1, Vignesh Residenecy,
PVN Colony, Mirjalguda, Malkajgiri,
Hyderabad 500047)
…Complainant
AND
1.
M/s. Krithika Infra Developers
(Rep. by its Managing Partner, D. Srikanth,
3rd & 4th Floor, Sri Padanjali Building,
Beside Bahar cafe L.B. Nagar, Hyderabad – 500074)
2.
Doomavath Gopal
(Director of M/s Krithika Infra Developers
H.No. 7-67, Gvr Colony, Tattiannaram Village,
Abdullapurmet Mandal, Ranga Reddy Dist- 500068)
3.
Doomavath Srikanth
(MD of M/s Krithika Infra Developers
H.No. 7-67, Gvr Colony, Tattiannaram Village,
Abdullapurmet Mandal, Ranga Reddy Dist- 500068)
4.
Smt. Radha Bhukya
(MD of M/s Krithika Infra Developers
H No. 7-67, Gvr Colony, Tattiannaram Village,
Abdullapurmet Mandal, Ranga Reddy Dist- 500068)
5.
Shri. Doomavath Shashikanth
((Exective Director of M/s Krithika Infra Developers
H No. 7-67, Gvr Colony, Tattiannaram Village,
Abdullapurmet Mandal, Ranga Reddy Dist- 500068)
…Respondents
The present matter filed by the Complainant herein came up for hearing before this
Authority in the presence of the Complainant in person, and none appeared on behalf of the
Page 1 of 6
2.
The present Complaint has been filed by the Complainant under Section 31 of the Real
Estate (Regulation & 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 appropriate relief(s) against the Respondents.
A. Brief facts of the case:
3.
The Complainant Ragi Deepa Sreenivas W/o Ragi Srinivas purchased a flat in pre launch
offer and received the agreement of sale on 27.09.2024 after full payment of Rs. 26,00,000/towards the size of 993 Sq.ft and the total payment paid by 26.09.2023 and orally the Krithika
infra developers stated that the flat will be handed over by Jun 2024 but till date there is no progress
at all and The Complainant submitted that on 23.09.2023, the Respondent No.1, M/s. Krithika
Infra Developers obtained a building permission from the Boduppal Municipal Corporation vide
Application No. 009613/BP/HMDA/2100/GHT/2023, for the construction of (2 Cellars + 1 Stilt
+ 1 Upper Floor) only; however, the Respondent had falsely represented to the Complainant that
the project was approved for 10 floors, and the Complainant submitted that M/s Krithika Infra
Developers has not obtained the mandatory RERA registration for the said project.
Reliefs sought
4..
Accordingly, the Complainant sought for the following reliefs:
1. To instruct the Respondent Promoter to register the land to the non-register members.
2. To instruct the Respondent Promoter to get the RERA Registration.
3. To instruct the Respondent Promoter to develop the development works at the earliest.
4. If the above 1,2, & 3 are not possible, then direct the Respondent for full refund along with
interest as per the government norms.
5. To instruct the Respondents till the time of processing the refund to not engage in any
activity of selling the land or cancelling of the Development Agreement to registered
members.
6. To direct the RERA authorities to give the timelines for the above request, as we are paying
the interest through EMIs.
Page 2 of 6
Based on the facts and circumstances placed before this Authority, the following
questions arises for adjudication:
I.
Whether the Respondents have violated any provisions of the RE(R&D) Act, 2016?
II.
Whether Complainant is liable for relief as prayed for? If yes, to what extent?
D. Observation of the Authority:
6.
Before further adjudicating on the matter, this Authority takes due note of the repeated non-
compliance by the Respondents, who have failed to appear before this Authority despite service
of notice and affording sufficient opportunities. In view of their continued absence, the
Respondents are hereby set ex parte, and the matter is being adjudicated based on the pleadings,
documents, and submissions placed on record by the Complainant.
Point I
7.
It is pertinent to mention that this Authority has already dealt with similar violations by
the same Respondent in Complaint No. 115 of 2024, which related to this very project. After a
detailed examination of that matter, this Authority passed an order, holding that they had violated
provisions of the RE(R&D) Act, 2016. In that said order, it was found that the Respondent had
marketed and sold units without registering the project with this authority, in contravention of
Sections 3 and 4 of the RE(R&D) Act, 2016. Further, the Respondent had also received advance
payments exceeding 10% of the consideration prior to execution of a registered agreement for
sale, thereby violating under Section 13(1) of RE(R&D) Act, 2016. Consequently, a penalty of
₹9,96,050/- was levied on the Respondent under Sections 59, 60, and 61 of the RE(R&D) Act,
2016, and the Respondent was directed to register the project without further delay and to restrain
from engaging in any marketing or sale activity until compliance was ensured.
8.
As this Authority had already adjudicated the matter on similar facts and imposed a penalty
for violation of Section 3. Therefore, the issue of unregistered development by the Respondentpromoter in the present case stands on an identical footing, and has already been addressed through
the said earlier order.
9.
Further, this Authority, in its Order in Complaint No. 86 of 2025 dated 16.10.2025,
declared the Respondent No. 1/Promoter, M/s Krithika Infra Developers, as a “defaulter”
Page 3 of 6
10.
Hence, Point I is answered in the affirmative
Point II
11.
Upon perusal of the Agreement of Sale dated 27.09.2024, executed between Shri. D.
Srikanth, Managing Partner of M/s Krithika Infra Developers, in favour of the Complainant, it is
evident that the Complainant has paid an amount of Rs. 26,00,000(Twenty-Six Lakhs), which has
been duly acknowledged by the Respondents.
12.
It is further observed from the documents placed on record that Respondent No.1 has
obtained building permission bearing No. 009613/BP/HMDA/2100/GHT/2023 for the
construction of 2 Cellars + 1 Stilt + 1 Upper Floor. However, despite having secured such
permission, Respondent No.1 has neither commenced any construction activity at the project site
nor demonstrated any bona fide intention to fulfil its contractual obligations. This persistent
inaction, notwithstanding the substantial amounts collected from the Complainant, reflects a
deliberate and dishonest course of conduct on the part of the Respondents. Such continued
inaction, despite having collected substantial amounts from the Complainant, indicates a
deliberate and dishonest course of conduct on the part of the Promoter. It is further observed that
the Respondent Promoter has completely abandoned the project and, in all proceedings pertaining
thereto, has failed to establish any genuine intent or credible plan to initiate or resume construction.
In view of the fact that the project has remained stalled for several years and that the Respondent
Promoter has effectively abandoned the development altogether, this Authority finds it neither
reasonable nor feasible to direct completion of the project at this stage.
Page 4 of 6
Accordingly, the relief sought by the Complainants, insofar as it pertains to refund of the
amounts paid along with applicable interest, deserves to be allowed.
14.
In these circumstances, Section 18(1) of the Real Estate (Regulation and Development)
Act, 2016, confers a clear statutory right upon an allottee to seek refund of the amounts paid, along
with interest, in cases where the promoter fails to complete or is unable to deliver possession
within the stipulated period. Hence, the Complainants are entitled to refund of the amount paid
along with interest, as mandated under the said provision.
15.
In light of the abovementioned observations, this Authority notes that the Complainant is
entitled for relief as mentioned in the main complaint under Section 18(1)(a) of the Real Estate
(Regulation and Development) Act, 2016, which reads as follows:
(1) If the promoter fails to complete or is unable to give possession of an apartment, plot or
building,
a) in accordance with the terms of the agreement for sale or, as the case may be, duly
completed by the date specified therein; or
b) due to discontinuance of his business as a developer on account of suspension or
revocation of the registration under this Act or for any other reason, he shall be liable on
demand to the allottees, in case the allottee wishes to withdraw from the project, without
prejudice to any other remedy available, to return the amount received by him in respect
of that apartment, plot, building, as the case may be, with interest at such rate as may be
prescribed in this behalf including compensation in the manner as provided under this Act.
16.
Accordingly, the Complainant entitled for refund of the amount of Rs. 26,00,000/-
(Rupees Twenty Six Lakh Only) paid by the Complainant to the Respondents and also with the
interest at the rate prescribed under Rule 15 of the Telangana Real Estate (Regulation and
Development) Rules, 2017, i.e., the State Bank of India’s Marginal Cost of Lending Rate (MCLR)
plus 2% per annum (i.e., 8.75% + 2%), calculated from the respective date of Agreement of Sale
until the date of actual refund.
17.
In view of the above findings, this Authority is of the considered opinion that the
Complainant is entitled to the relief sought, refund of the entire sale consideration with interest.
Page 5 of 6
Hence, Point II is answered in the affirmative, and the Complainant is entitled to a refund
along with applicable interest.
E. Directions of the Authority:
19.
In exercise of the powers conferred upon this Authority under Sections 37 and 38 of the
Real Estate (Regulation and Development) Act, 2016, and in furtherance of the findings and
conclusions drawn hereinabove, the following directions are hereby issued:
a) The Respondent No. 1 is directed to refund Rs.26,00,000/- (Rupees Twenty Six Lakh
Only) along with interest at the rate of 10.75% per annum (SBI MCLR of 8.75% + 2%)
from the date of the Agreement of Sale dated 27.09.2024 till the date of actual refund in
accordance with Rule 15 of the Telangana RE(R&D) Rules, 2017 within 30 (thirty) days
from the date of this Order;
b) Failing to comply with the above-said direction by the Respondent shall attract a penalty
in accordance with Section 63 of the RE(R&D) Act, 2016.
20.
In light of the above, the present Complaint is disposed of in terms of the directions
contained herein. No order as to costs.
Sd/-
Sd/-
Sd/-
Sri K. Srinivasa Rao,
Sri Laxmi Narayana Jannu,
Dr. N. Satyanarayana, IAS (Retd.),
Hon'ble Member,
Hon'ble Member,
Hon'ble Chairperson,
TG RERA
TG RERA
TG RERA
Page 6 of 6
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