Order Complaint No. 34 of 2022

BEFORE THE
TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY,
HYDERABAD
COMPLAINT NO.34/2022/TSRERA
Date of decision: 25th day of September, 2023
Bade Andalamma

….Complainant
Versus

M/s Sterling heights Pvt. Ltd

….Respondents

Quorum:

Dr.N.Satyanarayana, Hon’ble Chairperson
Sri. K. Srinivas Rao, , Hon’ble Member
Sri. Laxmi Naryana Jannu, Hon’ble Member

Appearance:

Complainant: Represented by Counsel
Respondent: Appeared in person and Counsel.
ORDER

This order is issued to address the complaint filed before this authority
under Section 31 of the Real Estate (Regulation and Development) Act, 2016
(hereinafter referred to as the "Act"), in conjunction with Rule 34(1) of the
Telangana Real Estate (Regulation and Development) Rules, 2017 (hereinafter
referred to as the "Rules"). The complaint revolves around a title land dispute,
and concurrently, the complainant has also approached the Civil Court
seeking similar relief.
2.

The said complaint, filed in Form M, states that the complainant, Bade

Andalamma, is the absolute owner and possessor of Open plot No.6,
admeasuring 400 Sq. Yards, Sq. Mtrs., in Sy.No.224, situated at Bhanoor
Village, Patancheru Mandal, Sangareddy District (Erstwhile Medak District),
Telangana. She claims to have acquired this property through a registered
sale deed vide Doct. No. 14743/2008 dated 23-10-2008.
3.

It is brought to the attention of this authority that originally,

Mohammad Khasim was the absolute owner, possessor, and Pattedar of land
in Sy.No. 224 admeasuring Ac.6-01 gts situated at Bhanoor village, Sanga
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Reddy District, Telangana. Subsequently, there was an exchange deed
between

Mohammad

Khasim

and

Katike

Baloji,

among

others.

The

complainant alleges that the respondent, M/s Sterling Heights Pvt. Ltd, has
encroached upon her property, illegally included it in their gated community
"STERLING ASTER MEADOWS-2," and failed to provide the necessary
documentation when requested.
4.

The complainant has also stated that she had issued a legal notice to

the respondent on 25-01-2021, demanding the return of her property, but the
respondent did not comply with this demand.
5.

The respondent, in their reply, contests the jurisdiction of this

authority, claiming that the matter is civil in nature and is already pending
before the Hon’ble Junior Civil Judge, Sangareddy. They argue that the
complainant is not an "aggrieved person" under Section 31 of the RERA Act
and lacks the locus standi to file this complaint.
6.

The respondent further asserts that the layout in question has received

technical approval, and the matter is no longer under the jurisdiction of this
authority. They contend that the complainant has filed a speculative suit and
that her claims do not fall under the scope of the RERA Act.
7.

The respondent also disputes the complainant's claim to ownership of

the property, suggesting that the documents presented by the complainant
are questionable and that the matter is a civil dispute.
8.

On 17th August 2023, a hearing took place during which the Learned

Counsel for the Complainant was given an opportunity to submit evidence to
establish the Complainant as an aggrieved person under Section 31 before the
next hearing date. Consequently, the matter was scheduled for further
proceedings on 20th September 2023.

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9.

During the hearing held on 20th September 2023, the Learned

Counsels for the Complainant and the Respondent reiterated the allegations
made in the written submissions. However, the Counsel for the Complainant
failed to provide any form of evidence or information that would satisfy the
criteria for classification as an 'aggrieved person' as stipulated in the 2016
Act. This determination is based on the fact that the Complainant does not
fall into any of the specified categories, which include being an allottee, an
association of allottees, or a voluntary association. Consequently, the
Complainant does not meet the definition of an aggrieved person as defined in
Section 31 of the RERA Act. Section 31 is reproduced below:
31. (1) Any aggrieved person may file a complaint with the Authority or the
adjudicating officer, as the case may be, for any violation or contravention of the
provisions of this Act or the rules and regulations made thereunder against any
promoter allottee or real estate agent, as the case may be.
Explanation. —For the purpose of this sub-section “person” shall include the
association of allottees or any voluntary consumer association registered under any
law for the time being in force.

10.

Upon

careful consideration

of the

submissions

and documents

presented by both parties, it is evident that there is a dispute concerning the
identity of the land and the legality of the complainant's claims. This dispute
is currently pending before the Hon’ble Junior Civil Judge, Sangareddy.
11.

So, in the view of the provisions of the Act quoted above, due to lack of

locus standi of the complainant to submit the current application under
Section 31 of the RERA Act, the present complaint is dismissed.
12.

Given the ongoing civil litigation and the nature of the dispute, this

authority is of the view that it lacks jurisdiction to adjudicate the matter at
this

stage.

The

complainant's

claims

are

intertwined

with

the

civil

proceedings, and it is only appropriate for the civil court to decide on the
ownership and possession of the property.

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13.

In light of the above, this authority hereby dismisses the complaint filed

by Bade Andalamma on the grounds of lack of jurisdiction and refers the
parties to pursue their claims through the appropriate civil court. This
dismissal is without prejudice to any rights the parties may have in the civil
proceedings.
14.

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 Telanagana 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 receipt of this Order.

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

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

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

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