Order Complaint No. 314 Of 2022

BEFORE TELANGANA STATE REAL ESTATE REGULATORY
AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.314 OF 2022
1st Day of December, 2023
Corum:

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

Smt. Mutyam Sulochana

…Complainant

Versus
M/s Sarah Constructions rep by Mohd. Rafiq

…Respondent

The present matter filed by the Complainant herein came up for hearing
on 05.10.2023 and on 07.11.2023, before this Authority in the presence
of Complainant present in person, and none appeared on behalf of the
Respondent and upon hearing the arguments of both 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 “RERD 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.
3.

The matter was initially called for a hearing on the 5th of October,

2023, during which neither party was represented. Subsequently, fresh
notices were issued to both parties, and the hearing was adjourned to the

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7th of November, 2023. On the latter date, the Complainant appeared in
person, while no representation was made on behalf of the Respondent,
despite a notice issued on the 29th of September, 2023.
4.

The Complainant submitted the Authority that they had engaged M/s

Sarah Constructions for the development of a semi-furnished apartment in a
project situated in Survey No.113 Part. The land, measuring 470 square
yards or equivalent to 392.92 square meters, is located at Kondapur Village
under GHMC Serilingampally Circle, Ranga Reddy district. The builder
executed a valid sale deed in favor of the Complainant, amounting to Rs.
2,88,75,000/-, under sale deed no. 809/2020, dated 20.01.2020. The
builder committed to completing the construction of the said apartment on
or before the 30th of April, 2020. The Complainant has, to date, paid a total
sum of Rs. 5,47,11,000/-, pursuant to two unregistered undertakings,
where an advance amount of Rs. 2,97,11,000/- was paid out of the total
sale consideration of Rs. 6,50,00,000/-. And remaining 3 lakhs through
Housing loan by LIC. The Respondent has failed to complete the apartment
construction within the stipulated timeframe, as per the Memorandum of
Understanding (MOU) dated 08.01.2020. The Complainant asserts that the
Respondent's failure to complete the work is driven by malicious intent to
harass them.
5.

However, the Authority, after due consideration, opines that, in

accordance with Section 3(2)(a) of the Act, no registration of the Real Estate
project shall be required where the area of the land proposed to be
developed does not exceed five hundred square meters. In the present
matter, the land in question measures only 392.92 square meters.
Therefore, this Authority lacks jurisdiction to adjudicate the present matter,
and it is dismissed on this ground alone.
6.

In light of the aforementioned perspective, the Authority is concludes

that the present complaint lacks merit and is, therefore, not maintainable.
Consequently, the complaint is hereby dismissed.
7.

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

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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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