Order Complaint No. 112 of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.112 OF 2023
11th Day of October, 2023
Presided by:

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

1. Mr. Mohd. Naseem
2. Mrs. Shabana Praveen

…Complainants
Versus

M/s Reliance Builders
through Sri M. Srinivas Rao, Managing Partner

…Respondents

The present matter filed by the Complainant herein came up for hearing on
03.10.2023 before this Authority in the presence of Mr. Mohd. Naseem

&

Mrs.

Shabana Praveen, the Complainants, and none for the Respondent and upon hearing
the arguments of both the parties, this Authority passes the following 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”).
A. Facts of the Complaint:
2.

The facts, in brief, are that Complainants purchased Flat No.303 in “Reliance

Jubilee” Project situated in Shaikhpet, Tolichowki, Hyderabad bearing TS RERA
Registration No. P02500000025 from the Respondent herein. At the time of sale, the
representative

of

the

Respondent

Builder

made

false

commitment/false

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advertisement mentioning that household waste disposal facilities will be provided
and collected at the garbage put as per layout plan however, the Respondent Builder
did not provide any such facility at the dedicated place as per layout plan.

3.

Further, as per the Agreement of Sale between the Complainants and the

Respondent Builder, the Builder is responsible for 2 years’ society maintenance
which includes garbage management as well. Complainants additionally submit that
the Respondent is not handling/managing waste in proper way and simply dumping
apartment household waste in front of the Complainants’ flat which is very
unhygienic. They also point out that it is mentioned in Point No.21 of the Sale Deed
attached with the Complaint that dumping garbage in apartment premises is
prohibited but the Respondent Builder is not abiding to this term as well.

B. Relief sought:
4.

Aggrieved by this, the Complainants sought for the following:

“My request to the authority is please order to builder to construct proper waste
management facility as per Project layout and requirement at dedicated place
submitted to the RERA Authority and provide relief to the applicant.”

5.

Along with the said Complaint, the Complainants filed Site layout plan

showing garbage pit location, copy of Sale Deed entered into between the
Complainants and the Respondent Builder and photos of current garbage dump.

C. Hearing conducted:
6.

That Notice dated 20.02.2023 was issued to the Respondent Builder by this

Authority directing the Builder to file a Reply to the said Complaint in terms of Rule
34(1) & (2), however no response was received by this Authority. Further, Notice

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dated 27.09.2023 was issued by this Authority to the Complainants as well as the
Respondent Builder, directing them to appear for hearing before the Authority.

7.

Accordingly,

hearing

was

conducted

on

03.10.2023,

wherein

the

Complainants were present, and they reiterated the contents of the Complaint and
prayed for the relief to be granted.

E. Observations & Directions of the Authority:
8.

Clause 21 of the Sale Deed entered into between the Complainants and the

Respondent Builder herein stipulates as under:
“21. The Vendees covenants not to throw any dust, rubbish, rage, waste or permit the
same to be thrown in this compound or any part of the building complex which may
cause damage, loss or inconvenience to other occupants of the building.”

9.

This means that the Vendees, i.e., the Complainants and such other residents

of the said Project – “Reliance Jubilee” have obliged to safeguard the compound from
accumulating any rubbish, garbage, etc. Therefore, based on the current facts and
circumstances, this Authority hereby directs the Complainants to elevate the existing
dispute to the officially established Association of Apartment Owners, specifically
constituted for the resolution of such matters. This Association is thereby entrusted
with the responsibility of presenting the matter to the Respondent Builder, with the
aim of arriving at a mutually agreeable resolution for garbage management at the
Project premises.

10.

Pertaining to the garbage pit's placement i.e., only location, as outlined in the

Brochure, this Authority suggests that the most appropriate course of action to
involve the Association of Apartment Owners to attend to the grievance of the

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Complainants and to facilitate the management of waste disposal properly without
causing any inconvenience to the Complainants.

11.

In lieu of the above-mentioned directions, the present complaint stands

disposed of. The parties are hereby informed that failure to comply with this Order
shall attract Section 63 of the Act.

12.

If aggrieved by this Order, the parties may approach the TS Real Estate

Appellate Tribunal (vide G.O.Ms.No.8, Dt.11-01-2018, the Telangana State Value
Added Tax Appellate Tribunal has been designated as TS Real Estate Appellate
Tribunal to manage the affairs under the Act till the regular Tribunal is established)
within 60 days from the date of receipt of this Order.

Sd/Sri Laxmi Narayana Jannu, Hon’ble Member

Sd/Sri K. Srinivasa Rao, Hon’ble Member

Sd/Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson

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