Order Complaint No. 108 of 2025

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO. 108 of 2025
Dated:
Quorum:

13th November 2025

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

Nageli Ravikiran
(H.No. 3-35-1, Yellanuru, Anantapur Dist
AP – 515465)

…Complainant
Versus
1. M/s. BhuvanTeza Infra Projects Pvt. Ltd
(Rep by Chekka Venkata Subramanyam),
#201, 2nd Floor, Lumbini Amrutha Chambers,
Nagarjuna Circle, Road Number 3, Banjara Hills,
Hyderabad-500082)

2. Chekka Venkata Subramanyam,
(Flat# C-110, Jayabheri Orange County, Road #2,
Financial District, Nanakramguda, Telangana - 500032.)

… Respondents
The present matters filed by the Complainant herein came up for hearing before this
Authority in the presence of the Complainant in person and none for the Respondents despite
multiple opportunities given to appear before the bench, hence set ex-parte and upon hearing
the submissions of the Complainant, this Authority proceeds to pass the following ORDER:
2.

This 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 appropriate action against the Respondents.
A. Brief Facts of the Case:

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The Complainant submitted that he had purchased a flat in the pre-launch sale from the

Respondents. The flat purchased is Flat No. 408, Block-A, a 3BHK unit admeasuring
1700 sq. ft in Aura Velima Phase -1 developed by M/s Bhuvanteza Infraprojects Pvt. Ltd.,
situated at Velimela, Phase-I. The Complainant entered into an Agreement for Sale dated
11.11.2021 with M/s Bhuvanteza Infraprojects Pvt. Ltd., duly executed by its Managing
Director, Mr. Chekka Venkata Subramanyam. The Complainant submitted that he had paid a
total sum of ₹46,00,000/- (Rupees Forty-Six Lakhs only) towards the said flat, for which
receipts were duly issued by the Respondent. The balance amount of ₹5,00,000/- (Rupees Five
Lakhs only) was agreed to be paid at the time of registration. According to the terms of the
Agreement, the Respondent was obligated to complete the construction and hand over
possession of the flat within two years, i.e., on or before November 11, 2023. However, the
Complainant submitted that the construction of Block-A is only partially completed, the flat
has neither been registered nor handed over, and the Respondent has also failed to pay the
agreed rental compensation for the delay beyond the stipulated date.
B.

Relief Sought:

4.

Accordingly, the Complainant sought for the following reliefs:
1. Direct the Respondent to complete and handover the flat within 12 months and register
the flat in the Complainant's name
2. Direct the Respondent to pay rent from 12.11.2023 until the handover of the flat.
3. To be given existence constructed block -A partially constructed of the same area
purchased as per the document within 12 months.

C. Points to be determined:
5.
Based on the facts and circumstances placed before this Authority, the following
questions arise for adjudication:
I. Whether the Respondents have violated provisions of the RE(R&D) Act, 2016?
II. Whether Complainant is liable for relief as prayed for? If yes, to what extent?
E. 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 multiple notices and affording sufficient opportunities. In view of their continued
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Point -I
7.

It is observed from the records available with this authority in a prior matter, vide

Complaint No. 105 of 2024, involving different Complainants but the same project and
Respondent No.1/Promoter, this Authority had already adjudicated on similar facts and in
respect of the project ‘Aura (Velimela),’ undertaken by the Respondent No.1, and accordingly
imposed a penalty of Rs. 14,91,958/- (Rupees Fourteen Lakhs Ninety-One Thousand Nine
Hundred and Fifty-Eight only) towards violation of Sections 3 & 4 of the RE(R&D) Act,
2016 for non-registration of the Project – “Aura Velimala Phase – I”.In view of the said
findings, and in deference to the doctrine of double jeopardy, this Authority refrains from readjudicating the same issue in the present matter.
8.

Furthermore, this Authority takes note that the conduct of the Respondent-promoter

exhibits a recurring pattern of disregard and non-compliance with the statutory mandates under
the Real Estate (Regulation and Development) Act, 2016. It is pertinent to mention that in a
previous matter, i.e., Complaint No. 264 of 2024, the Authority had taken cognisance of similar
violations and had declared Respondent No. 1 as a defaulter. The relevant extract from the
said order is reproduced below for reference:
“35… Accordingly, Respondent No.1 is hereby declared to be a “defaulter” both
in its capacity as a “promoter” and as an “agent” within the meaning of Sections
2(zk) and 2(zm) of the RE(R&D) Act, 2016. As a consequence, the Respondent shall
be prohibited from undertaking, advertising, marketing, booking, selling, or
registering any new real estate project or acting as a real estate agent within the
jurisdiction of this Authority until such time as all existing dues, refunds, interest,
penalties, and regulatory compliances are fully discharged to the satisfaction of
this Authority”
9.

Point I is answered accordingly.

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Upon perusal of the Agreement of Sale dated 11.11.2021 executed by the Respondents

in favour of the Complainant, it is evident that the Complainant has paid an amount of
Rs. 46,00,000/- (Rupees Forty-Six Lakhs only), which payment has been duly acknowledged
by the Respondents and It is also pertinent to note from the available documents placed on
record by the Complainant that the Respondent No.1 has only obtained permission bearing
Application No. 044288/ZOA/R1/U6/HMDA/18032021 for the construction of A-Block with
1 Cellar + 1 Ground + 5 Upper Floors in plot nos in Survey No. 212/P, 214/P & 215/P of
Velimela- ORRGC Village, Ramachandrapuram- ORRGC Mandal, Sanaga Reddy District to
an extent of 3954.39 Sq.Mts.
11.

However, the Respondent No.1/Promoter has neither completed the construction

activity in the said project nor demonstrated any bona fide intention to fulfil its contractual
obligations. Such continued inaction, even after collecting substantial amounts of money from
the Complainant, points to a deliberate and dishonest course of conduct from the Respondent
No.1/Promoter.
12.

The Complainant sought relief such as possession, registration and completion of the

project. However, the records of this Authority indicate that the Respondent-promoter has been
declared a defaulter, and the project in question remains unregistered under RERA.
Furthermore, from the materials available on record and the proceedings in related complaints
concerning the same project and Respondent, it is evident that no construction has commenced
and that the promoter has shown no bona fide interest in completing the project, having
completely abandoned it.
13.

In these circumstances, this Authority finds that any direction for completion or

possession of the flat would be incapable of execution, as the Respondent has neither appeared
before this Authority nor demonstrated any intention or capacity to complete the project.
14.

Accordingly, while the reliefs as sought by the Complainants cannot be granted in the

form prayed, this Authority is of the considered view that the Complainants cannot be left
remediless, and the only feasible course available in the interest of justice is to direct refund of
the amounts paid by the Complainants along with appropriate interest, as provided under
Section 18(1)(a) of the Real Estate (Regulation and Development) Act, 2016, since the
Respondent has failed to complete or even commence the construction of the project.
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In these circumstances, under Section 18(1) of the RE(R&D) Act, 2016, extends a clear

statutory right to an allottee to seek a refund along with interest where the Respondent
No.1/Promoter either fails to complete the project or is unable to hand over possession within
the stipulated timeframe. So, the allottee is entitled for a refund with interest. In the present
case, the issue is not merely one of delay; it is a case of complete inaction on the Respondent
No.1/Promoter.
16.

In light of the above foregoing observations, this Authority notes that the Complainant

is entitled for relief as mentioned in the main Complaint under Section 18(1)(a) of the
RE(R&D) 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.”
17.

In the present case, the Respondent No.1 neither completed the project nor initiated the

mandatory statutory processes required for lawful execution of the project. The continued
failure to commence the construction clearly amounts to a violation of the provisions of the
RE(R&D) Act, 2016.
18.

Accordingly, the Complainant is entitled for Refund of the amount paid 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 dt: 20.02.2023 until the date of actual refund.

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In view of the above findings, this Authority is of the considered that the Complainant

is entitled to the relief sought, refund of the entire sale consideration with interest from the
Respondent No.1.
20. Point II is answered accordingly.
E. Directions of the Authority:
21.

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. 46,00,000/- (Rupees forty 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 20.02.2023 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.
22.

The Complaint stands disposed of. No order as to costs.

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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