Order Complaint No. 1815 of 2023

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Complaint No. 1815 of 2023
Dated: 10th October, 2025
Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member

Quorum:

Upendra Deep,
S/o Shri Nityananda Deep
Plt No:24, Road No:2,
BHEL Friends Colony, Chandanagar,
Hyderabad – 500050

…Complainant
Versus
Aliens Developers Pvt Ltd,
Represented by its managing director, Shri Hari Challa
Having its office at:
Sy No: 384 & 385, Aliens Space Station,
Tellapur, RC Puram Mandal, Sangareddy District,
Telangana – 502032.

…Respondent
The present matter filed by the Complainant mentioned herein above came up for
hearing before this Authority in the presence of the Complainant in person, and Counsel for
the Respondent, and upon hearing the submissions of both the parties, 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:
3.

The complainant, Mr. Upendra Deep, has alleged that he booked Flat No. 2222 in

Station-4 of the “Aliens Space Station” residential project at Tellapur, developed by Aliens
Developers Pvt. Ltd., in November 2019. At the time of booking, the flat cost was finalized at

Page 1 of 8

---

Over the course of four years since the initial booking, the complainant contends that

there has been no meaningful progress in the construction of Station-4. The developer has failed
to provide any timeline or written commitment regarding the expected date of completion. The
complainant emphasizes that despite repeated oral and written requests, the builder has not
provided any clarity on the completion schedule, nor has he issued the Agreement of sale or
the documents necessary for securing a bank loan.
5.

The complainant further avers that the builder has started making repeated demands for

payment and has issued a Pre-Cancellation Notice dated 16.11.2023 for Flat No. 2222.
B. Relief sought:
6.

In light of the aforementioned facts, the Complainant has prayed for the following relief

before the Authority:
I.

The builder be directed to issue the Agreement of Sale, give a commitment to complete
Station–4 of Aliens Space Station within a year, and furnish all necessary documents
required for obtaining a bank loan to the Complainant immediately.

C. Counter filed by the Respondent:
7.

The Respondent contends that the complaint is not maintainable as it is based on

suppression of material facts and contains false and baseless allegations. The Respondent
denies all averments made by the Complainant except those expressly admitted.
8.

It is submitted that the Respondent is a reputed construction company developing the

project “Aliens Space Station” at Tellapur, Sangareddy District. The Complainant had shown
interest in purchasing Flat No. 2222 in Station-4 of the said project for a total sale
consideration of ₹97,84,320/-. The project was launched in 2008, much before the enactment
of RERA, but progress was delayed due to several uncontrollable factors. These include the
Page 2 of 8

---

To revive the project, the Respondent secured funding from SWAMIH Investment

Fund I, a Government of India-backed initiative aimed at completing stressed housing
projects, and was sanctioned ₹280 crores, with an additional ₹52 crores, solely for the purpose
of completing the project. As a requirement of this funding, the project was registered under
TSRERA (Registration No. P01000007265 dated 16.11.2023). In its affidavit filed during
registration, the Respondent committed to complete the project by March 2027 and stated that
an expert committee has been constituted to ensure smooth completion. The Respondent
undertakes to hand over the Complainant’s flat well within this timeline and seeks a stay of
further proceedings.
10.

In addition to this, the Respondent relies on the Report of the Committee constituted by

the Ministry of Housing and Urban Affairs (MoHUA) under Shri Amitabh Kant, which
examined legacy stalled real estate projects. The Committee observed that lack of financial
viability was the major cause of distress and recommended “rehabilitation packages” with a
three-year completion target and recognition of “Zero Periods” for delays caused by
extraordinary circumstances such as the Covid-19 pandemic. The Respondent submits that
similar to the “Zero Period Policy” adopted by NOIDA and Greater NOIDA Authorities,
TSRERA should also consider waiver of penalties and interest in view of the extraordinary
circumstances beyond the Respondent’s control. It requests that no penal interest or penalty
be imposed so that the Respondent can focus on timely completion.
11.

In the Additional Affidavit, the Respondent reiterates all submissions and denies the

Complainant’s allegations. It is contended that no violation of the RERA provisions has been
made out under Section 31. The Respondent asserts that as per Section 13 of the Act read with
Rule 38 of the Telangana Rules, it is bound to execute the agreement for sale strictly in the
notified proforma model form, and that any modifications sought by the Complainant are
impermissible. The Respondent has already filed an undertaking under TSRERA Circular No.
326/2024 to use the model agreement format. It is further stated that the Authority cannot
Page 3 of 8

---

The complainant has submitted a rejoinder and additional points in response to the

counter filed by the respondent. It is submitted that the introductory statement made by the
respondent is incorrect. The respondent had collected advance payment for Flat No. 2222 in
the year 2019 but did not issue an Agreement for Sale as required. An allotment letter was
issued on 28.07.2021 but was later cancelled on 23.01.2024. The complainant refers to the
RERA Project Registration Certificate which mentions that the registration is valid up to
14.12.2026 as per the promoter’s affidavit dated 09.11.2023. However, the respondent has
referred to an earlier affidavit dated 01.03.2023, misleadingly stating that the project will be
completed by March 2027, which contradicts the registration certificate.
13.

The complainant submits that the handover of his flat should be on or before

14.12.2026, as indicated in the RERA registration, and any delay should attract interest or
penalty. He further states that the promoter was required to form an association of allottees
within eight weeks of registration but has not done so till date. He requests that the promoter
share the bye-laws of the association if formed, or otherwise provide the proforma bye-laws.
The complainant also refers to clauses in the draft agreement requiring payments to be linked
to construction milestones and requests that a stage-wise completion schedule be included so
that payments can be released accordingly through the bank. He further submits that amenities
meant for residents should not be used by outsiders and this condition should be included in
the Agreement for Sale.
14.

In his additional points, the complainant reiterates that although the respondent claims

to be complying with RERA provisions, it has failed to form the residents’ association within
the stipulated time. He again points out that while the registration certificate shows the
completion date as 14.12.2026, the respondent’s counter and affidavit refer to March 2027, and
the affidavit appears to have been edited and misleading. He further notes that the site plan
uploaded on the TGRERA website shows areas earmarked for future expansion within the
project boundary, which may cause inconvenience to residents, and therefore seeks
clarification from the promoter on this aspect.
Page 4 of 8

---

The complainant further submits that the promoter collected 20% of the sale

consideration in 2019 without executing an Agreement for Sale, contrary to Section 13(1) of
the Act. He states that despite obtaining project registration in November 2023, the promoter
cancelled the allotment in January 2024. He submits that the promoter has not complied with
Sections 11(3)(b), 11(4)(e), and 19(2) of the Act, as it has neither provided a stage-wise
completion schedule nor formed the association of allottees. He adds that he is willing to accept
possession by December 2026 with applicable penalty in case of delay.
16.

The complainant concludes that he has been waiting since 2019 for execution of the

Agreement for Sale and possession of his flat. Even after one year of filing the complaint, the
promoter has not complied with the Act or the Authority’s directions. He prays that the
Authority may issue an interim order directing the promoter to form the association of allottees
immediately and issue a stage-wise construction schedule for Station-4, and that the Agreement
for Sale be executed only after formation of the association.
E. Points to be determined:
17.

After considering the facts stated and submissions made by both the parties, the following

question rise before this Authority:
I.

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

F. Observations of the Authority:
18.

The Complainant herein has sought a direction to the Respondent to execute the

Agreement for Sale, to provide a definite commitment for completion of “Station 4” of the
project Aliens Space Station within one year, and to furnish all requisite documents necessary
for obtaining a housing loan.
19.

It is an undisputed fact that the Complainant booked Flat No. 2222 in Station-4 of the

respondent’s project, Aliens Space Station, in the year 2019, and paid a sum of ₹19,11,299/-,
constituting approximately 20.5% of the total flat cost of ₹93,18,400/-. Despite this substantial
payment, the Respondent failed to execute a written and registered Agreement for sale, as is
mandatorily required under Section 13(1) of the said Act.
20.

On the other hand, the Respondent has submitted that the project in question is a stalled

project which had encountered unforeseen circumstances, resulting in a prolonged delay in its
Page 5 of 8

---

The Respondent has also submitted that a revised draft Agreement for Sale has been

shared with the Complainant in accordance with the revised project timelines approved under
RERA registration. It is, therefore, contended that the Complainant cannot insist upon
possession or completion within a specific period contrary to the timelines reflected in the
registered RERA certificate.
22.

Upon perusal of the material on record, the Authority notes that the Respondent has

admittedly collected an amount equivalent to 20% of the total consideration from the
Complainant. However, despite receipt of such substantial consideration, the Respondent failed
to execute any Agreement for Sale as mandated under Section 13 of the Real Estate (Regulation
and Development) Act, 2016. In the absence of a duly executed and registered agreement,
neither a binding payment schedule nor mutual contractual obligations were crystallized
between the parties.
23.

Accordingly, the Respondent cannot unilaterally demand further payments or issue

notices for non-payment without a valid contractual basis. The failure to execute the Agreement
for Sale demonstrates lack of due diligence and non-compliance with statutory obligations.
Hence, the issuance of any demand notice or pre-cancellation notice in the absence of such an
agreement is devoid of legal sanctity and cannot be sustained in law.
24.

Nevertheless, since the Respondent has expressed willingness to execute the Agreement

for Sale incorporating revised timelines and terms as per the RERA registration, the Authority
hereby directs the Respondent to forthwith execute the Agreement for Sale with the
Complainant in accordance with Section 13 of the Act, ensuring that it reflects the approved
payment schedule and other relevant particulars as per RERA norms.
25.

As regards the Complainant’s request to direct the Respondent to complete the project

within a period of one year, the Authority observes that Aliens Space Station is a stressed
Page 6 of 8

---

However, the Respondent is directed to ensure that the project is completed within the

validity period prescribed under its RERA registration. In the event the construction is
completed earlier, the Respondent shall ensure prompt handover of possession to the allottees
without any further delay. With respect to the Complainant’s prayer for furnishing all
documents necessary for obtaining a bank loan, it is the statutory duty of the promoter to
provide such documents to the allottee as per Sections 11 and 19 of the Act. The Respondent
is therefore directed to immediately furnish to the complainant all documents required by
financial institutions for sanctioning of a housing loan.
27.

The Authority takes serious note of the violation of the statutory provisions of the Real

Estate (Regulation and Development) Act, 2016 and the Telangana Real Estate (Regulation
and Development) Rules, 2017 by the Respondent, which reflect a lack of due diligence and
disregard toward the obligations mandated under law.
28.

However, it is also placed on record that the project “Aliens Space Station” is presently

a distressed project, undergoing revival through the SWAMIH Investment Fund I, a
Government of India, backed initiative established to facilitate the completion of stalled and
financially stressed real estate projects. It is observed that the Respondent, with bona fide
intent, has undertaken steps to resume construction activities and deliver possession to the longawaiting allottees. The Authority is mindful of the fact that imposition of monetary penalties
or coercive directions at this critical juncture may have the unintended consequence of
disrupting the ongoing revival process, thereby causing further hardship to the allottees.
29.

In view of the above circumstances, while this Authority records that the Respondent

has failed to comply with the statutory obligations under section 13(1) of the RE(R&D) Act,
2016, it, however, refrains from imposing penalty under Section 61 at this stage. This decision
is taken in the larger interest of ensuring the uninterrupted continuation of the project and in
the collective welfare of all the allottees.
30.

Nevertheless, the Respondent is hereby placed on strict notice that any further act of

non-compliance, delay, or deviation from the commitments made before this Authority shall
Page 7 of 8

---

The Respondent is hereby directed to execute a registered Agreement for Sale with the
Complainant, wherein the price of the flat shall be as specified in the Provisional
Allotment Letter dated 28.07.2021, within ten (10) days from the date of this order,
strictly in accordance with Section 13 of the Real Estate (Regulation and Development)
Act, 2016, ensuring that it reflects the approved payment schedule and other relevant
particulars as per RERA norms.

ii.

The Respondent is further directed to ensure that the project is completed within the
validity period prescribed under its RERA registration. In the event the construction is
completed earlier, the Respondent shall ensure prompt handover of possession to the
Complainant without any further delay. The Respondent is also directed to immediately
furnish to the complainant all documents required by financial institutions for
sanctioning of a housing loan.

iii.

Failure to comply with these directions shall attract proceedings under Section 63 of
the RE(R&D) Act, 2016.

iv.

In view of the above, the present 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

Page 8 of 8

---