Order Complaint No. 128 of 2025

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Complaint No. 128 of 2025
30th September, 2025
Quorum:

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

Raja Rao Bongu
R/o-H No.6-2/58, Bloomdale Shamirpet
Medchal-Malkajgiri, Hyderabad
Telangana 500101
AND

…Complainant

1. Bhubanteza Infra Projects Pvt Ltd. Rep. by
I. Chekka Venkata Subramanyam
R/o-H no. 15-31, RTP-1, Flat No-406
Rain Tree Park, Malaysia Township, Near CLU House
Kukatpally, Secunderabad
Telangana-500072
II. Chekka Bhagya Laxmi
R/o- Flat No. c-11-, jAybheri Orange County
Road No 2, Financial District, Nanakramguda
Telangana 500003
III. Jerripothula Phanibhusan Rao
R/o-1-1-40`/`/`, Flat No.401, Sirish Enclave
Gandhi Nagar, Near Andhra Café
Secunderabad, Telangana 500080
2. Sri Laxmi Agro Farms & Projects, (formerly Devas Infra Ventures Private Ltd)
Rep. by N Suryanarayana Reddy
501, 5th Floor
RJR Herbal hospital, PP. Image Hospital
Near Ratnadeep, Ameerpet

The present matter filed by the Complainant herein came up for hearing on 26.06.2025
before this Authority in the presence of and Complainants in person, none appeared on behalf of
the Respondents despite service of notice, and therefore he was set ex-parte, and after hearing the
Complainant, this Authority passes the following ORDER:
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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 submitted that during March and April 2021, he was approached by Mr.

NSN Reddy, Managing Director of Laxmi Agro Frams & Projects, then known as M/s. Devas
Infra Ventures Pvt. Ltd., and their marketing executive Mr. P. Appala Naidu, who persuaded him
to book a flat in the proposed Happy Homes Phase-2 project at Bommarasipet village, Shamirpet
mandal. Relying on their representations, marketing material, and site visits, the Complainant paid
a booking amount of Rs. 6.00 lakhs for a flat in the said project.
4.

The Complainant stated that he was initially allotted Flat No. 412 in C-Block of the said

project, after having paid a booking amount of Rs. 6,00,000/- during March and April 2021.
Relying upon the representations made by the representatives of the project and the supporting
marketing materials, he agreed to purchase the said flat.
5.

The Complainant further submitted that an Agreement of Sale dated 22.07.2021 was

executed in his favour by Mr. Chakka Subramanyam, on behalf of M/s. Bhuvanteza Infra Projects
Pvt. Ltd., which was stated to be the construction and development entity for the said project. The
agreement promised possession of the flat within 36 months from the date of obtaining the requisite
building permissions. The Complainant paid the full sale consideration of Rs. 17,32,550/- by
11.11.2021.
6.

The Complainant submitted that he was subsequently informed that the earlier project was

cancelled, and he was compelled to accept an alternate flat in a different project, Happy Homes
(1), situated at Babaguda village. An additional amount of Rs. 3,74,000/- was collected from him
on 24.03.2023, and a fresh Agreement of Sale was executed in respect of Flat No. 914 in C-Block
of the said project. A consolidated receipt was issued by the Respondents, and the original
agreement date was altered to reflect the revised transaction.
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The Complainant stated that although he had paid a total sum of Rs. 21,06,550/-, neither

M/s. Devas Infra Ventures Pvt. Ltd. nor M/s. Bhuvanteza Infra Projects Pvt. Ltd. have taken any
steps to register the property in his favour. He submitted that Mr. Subramanyam is now denying
receipt of the full payment from Mr. N.S.N. Reddy and is refusing to proceed with registration.
8.

The Complainant further alleged that the Respondents have misappropriated customer

funds, diverted them to other ventures, and delayed the project willfully. He submitted that the
project lacks statutory approvals, has remained unregistered under RERA for over three years, and
is mired in ownership disputes and financial irregularities. He concluded that the Respondents
have no genuine intention of completing the project or handing over possession, and that there
exists no realistic prospect of the flat being delivered.
B. Relief Sought:
9.

In view of the facts and circumstances set out in the complaint, the Complainant

respectfully prays that this Hon’ble Authority may be pleased to:
i.

Refund with interest

ii.

Direct for a thorough inquiry in penalizing Mr. NSN Reddy

C. Points to be determined:
10.

In view of the facts and the reliefs sought, the following questions came up for

consideration before this Authority:
I.

Whether the Respondent has violated the provisions of the RE(R&D) Act, 2016?

II.

Whether the Complainant is entitled to the relief sought? If so, to what extent?

D. Observations of the Authority:
11.

Before getting into the observations, this Authority takes due note of the recurring conduct

of the Respondents herein, who have failed to appear before the Bench despite being issued
multiple notices and opportunities to appear. Therefore, have been set ex-parte and the following
observations have been made from the submissions of the Complainants, documents and pleadings
placed on record.
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Upon a careful examination of the documents placed on record and the submissions

advanced by the Complainant, this Authority notes that the project titled “Happy Homes Phase –
I (Shamirpet)”, undertaken by the Respondent-promoter M/s. Bhuvanteza Infra projects Private
Limited, has not been registered with the Telangana Real Estate Regulatory Authority. This
omission is in direct contravention of the mandatory registration requirement prescribed under
Section 3 of the Real Estate (Regulation and Development) Act, 2016.
13.

As per the Agreement of Sale dated 22.07.2022, executed between the Complainant and

the Respondent-promoter, the subject project is being developed over a consolidated parcel of
agricultural land situated at Shameerpet Village, Shameerpet Mandal, Medchal-Malkajgiri
District, Telangana. The land in question comprises various extents acquired under different
registered sale deeds, namely: Ac. 2–39 guntas under Document No. 3/2020, Ac. 0–13 guntas
under Document No. 53/2020, and Ac. 0–14 guntas under Document No. 54/2020—resulting in a
cumulative land extent of approximately Ac. 3–66 guntas.
14.

The aggregate area of the project land, measuring approximately 14,764 square meters,

clearly exceeds the statutory threshold of 500 square meters as stipulated under Section 3(2)(a) of
the RE(R&D) Act, 2016. Accordingly, the project unequivocally falls within the category of real
estate projects that requires mandatory registration with this Authority prior to undertaking any
form of advertisement, marketing, booking, selling or offering for sale, or inviting persons to
purchase in any manner any plot, apartment or building, as the case may be. The failure of the
Respondent-promoter to obtain such registration constitutes a violation of the RE(R&D) Act, 2016
and invites appropriate regulatory consequences.
15.

This Authority takes notice of the fact that the same project was previously the subject

matter of adjudication in Complaint Case No. 286 of 2024, wherein a categorical finding was
recorded that the Respondent-promoter had contravened the provisions of Section 3 of the Real
Estate (Regulation and Development) Act, 2016 by undertaking development and sale of units
without obtaining registration of the project. Consequently, a penalty of Rs.6,45,750/- (Rupees
Six lakhs forty-five thousand seven hundred and fifty only) was imposed for the said violation.

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In view of the earlier findings of this Authority, and in deference to the principle against

double jeopardy in the imposition of penalties, no additional penalty under Section 59 of the Real
Estate (Regulation and Development) Act, 2016 is being levied in the present matter for the same
violation. Respondent No.1 is hereby directed to comply forthwith with the directions issued in
Complaint Case No. 286 of 2024 and to remit the penalty imposed for the non-registration of the
subject project without any further delay.
Point II
17.

Upon perusal of the record, it is evident that the Complainant entered into an Agreement

of Sale with Respondent No.1, M/s. Bhuvanteza Infra projects Pvt. Ltd., through Respondent No.2.
As per the Agreement of Sale, M/s. Bhuvanteza Infra projects Pvt. Ltd. claimed entitlement over
the unit and undertook to develop a residential apartment project named “Happy Homes.” The
agreement fixed a total sale consideration of ₹21,06,550/- fully paid by the Complainant.
18.

The Agreement originally stipulated that possession would be delivered within 36 months,

with an additional grace period of 6 months, from the date of obtaining building permission from
HMDA and registration with RERA. Subsequently, by mutual consent of the parties, the terms of
the agreement were modified, wherein the project was changed from “Happy Homes-II” to “Happy
Homes,” and the date of the agreement was accordingly revised from 22.07.2021 to 24.03.2023.
19.

The Respondents failed to furnish any documentary evidence or material particulars to

demonstrate the current stage or status of construction of the concerned project, thereby leaving
this Authority with no verifiable basis to assess the progress, if any, made on the ground. It is
further noted that this is not the first instance of default on the part of Respondent No. 1/builderpromoter of the concerned project. The conduct of the said promoter reflects a consistent pattern
of non-compliance and willful evasion of regulatory proceedings initiated under the RE(R&D)
Act, 2016.
20.

Furthermore, it is reiterated that M/s. Bhuvanteza Infra projects Private Limited, the

Respondent No. 1 herein, has already been adjudged a defaulter under the provisions of the
Real Estate (Regulation and Development) Act, 2016, pursuant to the common order rendered in
Complaint Case Nos. 264 to 268 of 2024. As a result, all development activities relating to the
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In the given circumstances, the conduct of the Respondent-promoter amounts to a failure

to complete the project and hand over possession as agreed, attracting the consequences under
Section 18(1)(a) of the RE(R&D) Act, 2016 which reads as follows:
“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,
with interest at such rate as may be prescribed in this behalf including
compensation in the manner as provided under this Act.”

22.

In the present case, the Respondent’s continued inaction and failure to demonstrate any

measurable progress in the execution of the project clearly establish a default on their part, both
under the terms of the Agreement of Sale and the statutory obligations imposed on promoters under
the RE(R&D) Act, 2016. In view of such default, the Complainant has justifiably elected to
withdraw from the project. Applying the provisions of Section 18(1)(a), this Authority is of the
considered view that the Complainant is entitled to a refund of the entire amount of ₹21,06,550/-,
along with interest at the rate prescribed under the Telangana Real Estate (Regulation and
Development) Rules, 2017.
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Now, with respect to Relief No. 2, this Authority observes that Respondent No. 2, having

introduced the project and facilitated the transaction by collecting initial amounts from the
Complainant, clearly falls within the ambit of a “real estate agent” as defined under Section 2(zm)
of the RE(R&D) Act, 2016. From the submissions made by the Complainant and the documents
placed on record, it is evident that Respondent No. 2 was actively involved in the promotion and
negotiation of the sale. However, despite engaging in such activities, Respondent No. 2 is not
registered as a real estate agent with this Authority, as mandated under Section 9 of the RE(R&D)
Act, 2016. Such unregistered conduct amounts to a clear violation of Section 9, and in the ordinary
course, would attract penalty under Section 62 of the RE(R&D) Act, 2016.
24.

Further, this Authority notes that Respondent No. 2 has already been penalized for violation

of Section 9 of the RE(R&D) Act, 2016 in Complaint Case No. 286 of 2024, wherein a penalty
of ₹1,08,800/- (Rupees One Lakh Eight Thousands Eight Hundred Only) was imposed. In
view of the settled principle that no person shall be punished twice for the same offence (the
doctrine of double jeopardy), and since the said violation arises from the same set of facts and
conduct that forms the basis of the present complaint, this Authority refrains from imposing a
second penalty for the same contravention.
E. Directions of the Authority:
25.

This Authority, vide the powers vested under Section 37 of the RE(R&D) Act, 2016, passes

the following directions:
i.

The Respondent No.1-promoter, M/s. Bhuvanteza Infra projects Private Limited, is hereby
directed to refund the entire sale consideration amount of ₹21,06,550/- (Rupees TwentyOne Lakh Six Thousand Five Hundred and Fifty only) received from the Complainant
towards Flat No. 914, C-Block in the proposed project “Happy Homes (Shamirpet)” within
(30) thirty days from the date of receipt of this order.

ii.

The above refund shall be made along with interest at the rate of State Bank of India’s
highest MCLR 8.75% + 2%, i.e., 10.75% interest, calculated from the date of final payment
made by the Complainant till the date of actual refund, strictly in terms of Section 18(1)(a)
of the Real Estate (Regulation and Development) Act, 2016 read with Rule 15 of the
Telangana Real Estate (Regulation and Development) Rules, 2017.
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The Respondent No.1 is directed to comply with the directions issued in Complaint Case
No. 286 of 2024, and remit the penalty of Rs. 6,45,750 (Rupees Six lakhs forty-five
thousand seven hundred and fifty only), imposed therein for non-registration of the project,
“Happy Homes Phase I”, in favour of TGRERA FUND through a Demand Draft or online
payment to A/c No. 50100595798191, HDFC Bank, IFSC Code: HDFC0007036;

iv.

The Respondent No.2 is directed to comply with the directions issued in Complaint Case
No. 286 of 2024, and remit the penalty of Rs. 1,08,800/- (Rupees One lakh eight thousand
eight hundred Only) is imposed upon Respondent No. 2 for carrying out real estate
transactions in violation of Section 9, read with Section 62 of the.RE(R&D) Act. in favour
of TGRERA FUND through a Demand Draft or online payment to A/c No.
50100595798191, HDFC Bank, IFSC Code: HDFC0007036;

26.

Accordingly, 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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