Order Complaint No. 232 of 2021

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.232 OF 2021
17th Day of October, 2023
Corum:

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

Flat Owners Palm Cove Apartments

…Complainant
Versus

M/s Tricolour Properties Pvt. Ltd.

…Respondent

The present matter, bearing Complaint No. 232 of 2021, was heard
before this Authority in accordance with the provisions of the Real Estate
(Regulation and Development) Act, 2016 and Telangana Real Estate
(Regulation and Development) Rules, 2017, on 02nd August 2023 and 04th
October 2023. The hearing was conducted in the presence of Complainant’s
representatives, Major Singh and Sai Kumar, as well as Mr. Sharath Babu,
the Director of the Company, who appeared on behalf of the Respondent.
2.

Upon careful consideration of the arguments presented by both parties,

this Authority hereby issues the following ORDER:
A. Facts of the Case
3.

The

Complainant,

representing

the

Flat

Owners

of

Palm

Cove

Apartments, has brought forth a grievance against M/s Tricolour Properties
Pvt.

Ltd.

(the

Builder)

regarding

project

completion

delays

and

the
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dissemination of false information to buyers. The key concerns are as
follows:
i. The Builder indicated 17th May 2023 as the project's completion date
on the RERA website. However, individual buyers were promised
different completion dates, such as April 2019, which were not
honoured.
ii. Persistent water seepage issues in the -2 levels parking area have been
reported since the commencement of construction, with multiple
honeycombs observed in pillars and beams. Drainage water seepage has
also been noted in the -1-level parking area, posing safety risks.
iii. Promised amenities and facilities such as the amenities block,
basketball court, badminton court, party lawn, Amphitheatre, and
CCTV cameras were not provided as per the commitments made in the
brochure.
iv. The Builder deviated from the Sale Agreement format as per the RERA
Act and executed Sales Agreements in different formats without clear
details on the saleable area. The total carpet area of the flat did not
match the area mentioned in the Sale Agreement/Sale Deed.
B. Relief Sought:
4.

The Complainants seek the following reliefs:
i. Appropriate financial compensation from the Builder for the delay in
completing the project and failing to fulfil commitments, which have
caused mental and financial stress to flat buyers.
ii. An investigation through the Commercial Tax department to
ascertain the actual GST input tax credit the Complainants are
entitled to, as the Builder levied 12% GST on the total cost of the flat
and refunded only 30% of the GST as input tax credit, without
providing clear details on the computation.
iii. Stringent action against the Builder for unethical and unfair trade
practices, which have caused mental and financial stress to flat
buyers.
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C. Hearing and Directions:
5.

This Authority summoned both parties for hearings on 02nd August
2023 and 04th October 2023. During the hearing, the Complainants
reiterated their contentions raised in Form M. They informed the Authority
that despite multiple requests to complete the pending work, the
Respondent did not respond to any of their requests, leading to this
complaint.

6. In response, the Respondent acknowledged the pending works and
committed to ensuring their completion before the next scheduled hearing.
The Respondent also raised concerns about the Complainant’s failure to
pay maintenance since taking possession of the units for over two years.
As a result, certain amenities had not been handed over.
7. Both parties expressed a desire to amicably settle the dispute and
requested

time

to

do

so.

Consequently,

the

Bench

directed

the

Complainants to form an association and to take over the maintenance of
the unit. The Respondent was instructed to complete all necessary pending
work, as per the Complainants' Form M, and to hand over all amenities to
the Complainant. Both parties were granted a four-week period to work
towards an amicable resolution.
8. At the subsequent hearing, the Respondent appeared in person, and the
authorized representative of the Complainant virtually, Sri Sai Kumar,
informed the Bench that the dispute had been amicably settled. All
pending work had been completed by the Respondent, and all amenities
had been handed over to the Complainant.
9. Based on the above discussions and the amicable settlement reached by
the parties, this Authority hereby disposes of the present complaint.
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10.

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.
11.

Complaint stands disposed of.

Sd/Sri. K. Srinivas Rao, Hon’ble Member
TS RERA

Sd/Sri. Laxmi NaryanaJannu, Hon’ble Member
TS RERA

Sd/Dr.N.Satyanarayana, IAS (Rtd), Hon’ble Chairperson
TS RERA

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