Order Complaint No. 318 of 2021

TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
COMPLAINT NO.318 OF 2021
Date of Decision: 02.08.2023
Sri Abdul Rub Rizwan

…Complainant
Versus

Sri Syed Manzoor Hussain

…Respondent

Quorum:

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

Appearance:

None for the Complainant.
Sri Syed Manzoor Hussain for the Respondent.
ORDER

The present 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 action to be taken against the
Respondent for completing pending works in the Project “Hussain Gulshan
Apartment”.
A. Facts of the Complaint:
2.

That the matter was called for hearing on 02.08.2023, and the Respondent

categorically submitted that the Agreement of Sale of the Project “Hussain Gulshan
Apartment” made between the parties is 10 years old and that the land is below
500 Sq Yds. He corroborates the same by the Sale Deed entered into between the
parties which clearly states that the Respondent herein is the absolute owner and
possessor of the House bearing Municipal No.12-1-597 and 12-1-598, admeasuring
106 Sq Yds or equivalent to 88.61 Sq Mts situated at Syed Ali Guda, Hyderabad,
Telangana State.

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3.

The Respondent further submitted that the Complainant has filed a case

before the Consumer Forum and obtained reliefs thereof. He accordingly requested
this Authority to dispose of the present case on the above grounds.

4.

As per Section 3(2)(a) of the Act, no registration of the real estate project

shall be required where the area of land proposed to be developed does not exceed
five hundred square meters and in the present matter, the land in question is only
88.61 Sq Mts.
B. Findings of the Authority:
4.

Therefore, this Authority does not have jurisdiction to adjudicate the present

matter and it is dismissed on this ground alone. The parties are hereby informed
that failure to comply with this Order shall attract Section 63 of the Act.

5.

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 Laxmi Narayana Jannu, Hon’ble Member
TS RERA

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

Sd/Dr. N. Satyanarayana, Hon’ble Chairperson
TS RERA

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