Order Complaint No. 119 0f 2024

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.119 OF 2024
3rd June 2024
Corum:

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

Sri GandiVV.Satyanaryana
…Complainant
Versus
M/s Dharani Developers
…Respondent
The present matter filed by the Complainant herein came up for final
hearing on 18.04.2024 before this Authority in the presence of Complainant
present in person and Sri Nagendra authorised representative on behalf of
the Respondent and upon hearing the arguments of 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 “RE(R&D) Act”) read with Rule 34(1) of the Telangana Real Estate
(Regulation and Development) Rules, 2017 (hereinafter referred to as the
“Rules”) seeking directions from this Authority to take action against the
Respondent.
A. Brief Facts on behalf of the complainant:
3.

The Complainant acquired a semi-furnished flat on 29th October

2021 within the "Green Jay" project. The Respondent undertook to deliver
possession of the aforementioned flat within a span of 6 months.
Regrettably, as of present, the unit remains undelivered, and the project
stands

incomplete.

Furthermore,

the

Respondent

has

sought

the

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outstanding

balance

amount,

equating

to

13%

of

the

total

sale

consideration, without having fulfilled all contractual obligations.
B. Relief sought:
4.

The relief sought entails a directive to the Respondent for the

immediate handover of possession along with all initially promised
amenities.
B. Respondent's Reply:
5.

The Respondent commits to handing over the complainant's flat

within 60 days subsequent to the complete clearance of the pending amount
owed by the complainant, which amounts to 1.5 lakhs in cash alongside the
remaining official loan amount. The flat shall be delivered to the
complainant with the following provisions:
1. Completion of woodworks, including door fixing.
2. Installation of windows in all rooms.
3. Comprehensive electrification within the flat up to the meter.
4. Completion of plumbing and sanitary works.
5. Fulfillment of drainage works.
6. Completion of corridor and staircase tiles up to the 3rd floor.
7. Conclusion of internal paintworks.
6.

Additionally, upon request by the complainant, the Respondent

expresses readiness to provide a transformer within 2 months following the
completion of the aforementioned works. Should there be any failure to
accomplish the transformer installation within the stipulated period, the
Respondent agrees to assume responsibility for the client's power bills for
subsequent periods. It is acknowledged that the Respondent agrees to hand
over the aforementioned flat (Unit 301) as per the commitments outlined
above.

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C. Hearing Conducted:
7.

During the hearing, both parties made appearances and presented

their respective submissions to the Authority. The complainant asserted
having remitted 85% of the total amount, yet the Respondent has failed to
deliver possession of the unit thus far. Conversely, the Respondent
attributed the delay to a lack of project sales, assuring completion upon the
complainant's full payment of the remaining balance. Pursuant to the
hearing, the Respondent was instructed to furnish an undertaking ensuring
completion of the pending works within 30 days, as pledged during the
hearing. Consequently, the matter was scheduled for review after the
aforementioned period.
8.

On March 23, 2024, the Respondent submitted a Petition, referencing

the hearing of February 27, 2024, wherein the complainant purportedly
opted to oversee the flooring and door work independently, resulting in
delays. The Respondent asserts having reimbursed the complainant for the
tile costs and awaits completion of the work. Despite a committed
completion date for the flooring, the complainant's deliberate pace has
impeded progress, further delaying payment obligations. However, in
compliance with the Authority's directives, the Respondent has committed to
finalize pending tasks upon payment clearance, despite experiencing
impediments due to limited flat sales within the project. Subsequently, the
complainant requested an extension to file a rejoinder, which was granted.
9.

During the final hearing, the complainant failed to appear, while the

Respondent reiterated the contentions outlined in the Petition dated March
23, 2024. Moreover, an undertaking dated April 18, 2024, was submitted by
the Respondent, pledging completion of all pending work and delivery of the
unit within 2 months of receiving the outstanding balance amount from the
complainant. Consequently, the Authority is requested to grant a 2-month
extension to fulfill all pending obligations.

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D. Directions of the Authority:
10.

Upon careful consideration of the facts and circumstances, this

Authority issues the following directives:
i.

The Complainant is directed to remit the outstanding balance amount
of the Sale consideration to the Respondent on completion of pending
works related to the unit of the Complainant.

ii.

The Respondent is directed to complete all pending works within 60
days from the date of receiving the balance amount of the sale
consideration, as stipulated in the Affidavit dated 18.04.2024

iii.

Both parties are hereby notified that non-compliance with this Order
shall

invoke

Section

63

of

the

Real

Estate

(Regulation

and

Development) Act. Consequently, the present complaint is hereby
disposed of.

11.

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) as per Section 44 of the Act, 2016.

Sd/-

Sd/-

Sd/-

Sri. K. Srinivas Rao,

Sri. Laxmi NaryanaJannu,
Hon’ble Member

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

TG RERA

TG RERA

Hon’ble Member
TG RERA

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