Order Complaint No. 1671 Of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.1671 OF 2023
7th Day of February, 2024
Corum:

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

Sri M. Sreehari

…Complainant
Versus

M/s DM Constructions
Represented by its Managing Director. B. Naresh

…Respondent

The present matter filed by the Complainant herein came up for hearing on
02.01.2024 and 31.01.2024 before this Authority in the presence of the
Complainant in person and none for the Respondent and upon hearing the
arguments, this Authority passes the following ORDER:

2.

The present Complaint has been filed by the Complainant under Section 31

of the Real Estate (Regulation & Development) Act, 2016 read with Rule (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”)
requesting appropriate action against the Respondent Builder.

A. Brief facts on behalf of the Complainant:
3.

The Complainant submitted that he purchased flat No.103 in the Project

titled “Lava Kusha Pride” admeasuring 1479.00 sft within the revenue limits of
Velugumatla Khammam Urban Mandal, Khammam Municipal Corporation Limits,

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Khammam City & District which is not registered with TS RERA. Further, the
Complainant obtained registered Sale Deed vide Document No.14630/2022 dated
03.12.2022 for the said purchase of flat. That despite having purchased the flat,
the Complainant submitted that the Respondent Builder failed to provide water and
electricity supple causing inconvenience to the Complainant. Aggrieved by the
same, the Complainant approached this Authority seeking appropriate action for
violation of the provisions of the Act, 2016 and to direct the Respondent to provide
water and electricity connection.

B. Observations and Directions of the Authority:
9.

Notices were accordingly issued to both parties and despite being in receipt

of the Notice, the Respondent failed to appear before this Authority on 02.01.2024,
stating, vide Memo dated 23.12.2023, that they have resolved all issues with the
Complainant and that water and electricity connection has been duly provided and
stated that consent of the Complainant is attached with the Memo but no such
attachment was found. He accordingly, prayed that the complaint be disposed of as
all issues are settled between the parties.

10.

On 02.01.2024, the Complainant appeared and submitted that no issues

were resolved and sought for inspection on Project to verify the veracity of the
claims made by the Respondent Builder. Accordingly, an inspection was conducted
and vide Inspection Report dated 04.01.2024, it was observed that the building is
constructed duly obtaining the building permission from STUDA Khammam vide
permit No.3147/Velugumatla /2021/0387, dt. 11.10.2021 which valid up to
11.10.2027. further, the Respondent Builder has constructed stilt +5 floors
consisting of 15 flats and the Complainant’s flat is located in the first floor. This flat

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is completed in all respects except polishing work to the doors and windows and
water and electricity connection is yet to be given.

11.

It was also observed that the Respondent Builder applied for RERA

registration on 23.08.2022, but since he did not comply the shortfalls, the same is
pending. Upon verification, the Respondent Builder informed the Inspection Team
that he is ready to complete pending works within (15) days in the Complainant’s
flat provided the balance amount is cleared by him. In this regard, it is also
observed that a careful perusal of the Sale Deed bearing document No.14630/2022
dated 03.12.2022, stipulates that entire sale consideration has been received and
acknowledged by the Attorney Cum Developer Company/Builder Company.

12.

It is also observed that penalty was imposed on the Respondent Builder

during submission of his Application on the TS RERA website which has
accordingly been paid by the Respondent. Subsequently, the Project titled “Lava
Kusha

Pride”

is

now

registered

with

this

Authority

vide

Registration

No.P00800007652 having validity up to 11.10.2027.

12.

Therefore, as per observations made above, following directions are issued to

the parties:
i.

Even though, it is admitted by the Respondent that total sale consideration
has been received, if any further pending amounts are to be paid by the
Complainant to the Respondent by way of a subsequent Agreement, the
same shall be paid within 15 days from the date of receipt of this Order.

ii.

Respondent, as promised, shall within 30 days from the date of receipt of
amounts from the Complainant as directed above, provide electricity and
water connection to the Complainant.

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13.

In lieu thereof, the present complaint stands disposed of.

14.

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 K. Srinivasa Rao,
Hon'ble Member,
TS RERA

Sd/Sri Laxmi Narayana Jannu,
Hon'ble Member,
TS RERA

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon'ble Chairperson,
TS RERA

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