Order Complaint No. 338 of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.338 OF 2023
14th Day of November, 2023
Corum:

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

Royal Park Residents
…Complainant
Versus
M/s Vasavi Builders rep by P. Mastan Reddy and B. Nageshwar Rao
…Respondent

The present matter heard before this Authority on 10.10.2023 before this
Authority in the presence of Complainants present in person and none
appeared on behalf of the Respondent and upon hearing the arguments of the
party, 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.
A. Facts of the case as stated in the complaint filed by the Complainant:
3.

The complainants, flat owners of the Project Royal Park of M/s Vasavi

Builders (Respondents), state that the Respondent/Builder has failed to
provide

Manjeera

Water

connections

as

specified

in

the

enclosed

specifications for the residential property. Despite repeated requests and
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reminders, the respondent/builder has failed to take action on this matter,
causing a great deal of inconvenience and frustration.
4.

The Respondent Builder’s unethical and fraudulent behaviour regarding

the area measurement of flats 102, 202, 302, 402, and 502 in the residential
property, the builder has cheated them by providing a lesser area
measurement than what was specified in the agreements.
5.

As flat owners, it is their right to receive the amenities and facilities that

were promised in the specifications of the property. In this case, Manjeera
water connection was clearly stated as part of the specifications, but the
Respondent builder has failed to provide it. This has resulted in a situation
where the owners have to rely on alternate sources of water, which are not
always reliable and can be expensive.
6.

Further, they have reached out to the Builder multiple times to address

the above issues, but they have not taken any concrete steps towards
resolving it. The lack of communication and action on the part of the
Respondent has compelled them to file a complaint under this Authority,
hence this complaint.

B. Relief sought:
7.

To investigate this matter and take appropriate action against the

Respondent for the failure to provide the promised Manjeera water
connection, compensate for the area measurements, and address tax arrears.

C. Reply by the Respondent:
8.

The Respondent, M/s Vasavi Builders, a registered partnership firm,

constructed and completed the project by the name Golf Links situated at
Yapral Village. It admeasures 880 square yards or 735.68 sq. mtrs., within
the limits of GHMC Malkajgiri Circle and Alwal Mandal, Medchal Malkajgiri
District. The construction was completed as per the permission granted, and
an occupancy certificate was issued by the commissioner GHMC.

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9.

The project is registered with TS RERA under Registration No.

P02200001556, dated 27.12.2019.

Respondents state that they have

completed the project as per Rules and regulations by obtaining necessary
permissions from the concerned Authorities. They further state that the
present complaint under Form M under Rule 34(1) is baseless, denying the
failure to provide connection for Manjeera Supply and asserting that they
have already paid the due connection charges to HMWS & SB office.
10.

The Respondent maintains that the construction is made as per the

specifications, as evidenced by the Occupancy certificate issued by the
commissioner GHMC.
11.

The Respondent denies the allegations of property tax arrears for the

respective flat properties.
12.

Therefore,

the

Respondent

denies

all

charges

claimed

by

the

complainants as false, illegal, and frivolous, and asserts that they are against
the facts and law and likely to be dismissed.

D. Hearing Conducted:
13.

On 10.10.2023, a hearing was conducted wherein the complainants

were present in person. However, none appeared for the Respondent despite
the notice from the Authority issued on 03.10.2023.
14.

The complainants reiterated their contentions made in the original

complaint. They submitted that the Respondent/Builder has failed to provide
Manjeera water connection till date, despite the Respondent builder promising
the complainants at the time of the purchase that Manjeera water connection
will be provided. The complainants have reached out to the Respondent
builder for the same issue, but their requests have been ignored, leading them
to file a complaint.
15.

Furthermore, the complainants submitted to this Authority that the

Respondent Builder has not cleared mutation charges for the concerned
building. Additionally, they submitted that there are certain flats whose

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measurements areas differ and are not aligned with the specifications in the
Agreement executed.

E. Observations and Direction by the Authority:
16.

The Authority notes that as per the evidence submitted by the

Respondent via DD bearing no.345135 000485000 dated 01.02.2019,
indicating payment towards the HMWS&SB, it is evident that the Respondent
Builder has paid the amount for providing connection to Manjeera water.
However, if there is a delay by HMWS& SB in replying to the feasibility Report,
which is the responsibility of HMWS&SB department, the complainants
should accordingly approach them. The Respondents cannot be directed to
provide Manjeera water until HMWS&SB initiates the process from their end.
Consequently, this Authority is unable to grant relief in this regard.
17.

With respect to the mutation charges, it should be noted by the

Complainants that mutation charges are charged flat-wise and not for the
Building. Hence, as the complainants themselves lack clarity regarding the
mutation process and lack evidence for this submission, the Authority will not
delve into the merit of this relief.
18.

The Complainants allege discrepancies in the area measurements of

certain flats, asserting that they do not align with the terms stipulated in the
executed agreement. In contrast, the Respondent contends that no deviations
have occurred, and in substantiation of this claim, the Respondent has
submitted the Occupation Certificate issued for the relevant Building on
11.01.2021, along with the building plan sanctioned by the competent
authority. Upon careful examination of the evidentiary material presented by
the Respondent, this Authority is of the opinion that the construction of the
project

in

question

adheres

to

the

approved

sanction

plan

vide

2/C28/04620/2019, and that the Occupation Certificate has been duly
issued by the competent authority.
19.

In light of the observations of the Authority, the present complaint

stands disposed of.
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20.

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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