Order Complaint No. 341 Of 2021

BEFORE TELANGANA STATE REAL ESTATE REGULATORY
AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.341 OF 2021
15th 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

Sri Namburu Gopala Rao
Kukunuri Naga Venkata Durga Vara Prasad
Kudipudi Indira
SuramSammaiah
Madhusudhan Gundu
Suragouni Chandra Sekhar Goud
ManikyaraoHarikrishna
MoyillaRajagopalam
R Umamaheshwar Reddy
Kasiboina Rama Murthy
Sardhana Ramesh
Chebrolu Sridevi
Gandhesi Lavanya Reddy

…Complainant

Versus
Sri B Venkateswara Rao
Smt. M Laxmi Bhai
M Manju Latha
…Respondents
The present matter filed by the Complainant herein came up for
hearing

on

04.10.2023

before

this

Authority

in

the

presence

of

Complainants represented by Sri Gopal Rao, Raj Gopal and Ramesh,
however none appeared on behalf of the Respondents 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 “RE(R&D) Act”) read with Rule 34(1) of the Telangana Real Estate
(Regulation and Development) Rules, 2017 (hereinafter referred to as the
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“Rules”) seeking directions from this Authority to take action against the
Respondents.
A. FACTS SUBMITTED BY THE COMPLAINANT:
3.

The Complainants, asserting their status as flat owners of RV Exotica

located at D No 5-5-33/P27 to 30, plot no 27,29 and 30, Vigianapuri
Colony, Mythri Nagar, Kukatpally, Hyderabad – 500072, presented their
case before this Authority. The Complainants acquired the property through
transactions with various parties, builders, landowners, and customers in
the year 2017, commencing their occupation of the flats in 2018. Notably,
the builder has failed to fulfill the contractual obligations, prompting the
Complainants to engage with the Respondents/builder. Regrettably, the
Respondents has remained unresponsive to the Complainants' pleas to date.
4.

In response to the builder's inaction, the flat owners have undertaken

minor works independently, encompassing tasks such as Electricity Panel
Security Grills, Basement boundary walls, Terrace Putty, Painting, Water
tank repairing work, CC Cameras, bore repairing, etc. These endeavors were
initiated due to the builder's lack of reciprocation towards the pending
works requests raised by the flat owners.
The specific works that remain outstanding are as follows:
a. Car Parking Allotment to all flat owners in RV Exotica
b. Occupancy letters to be provided to all the Flat Owners
c. 2nd Coat of Painting for the entire RV Exotica Building
d. Construction of the Apartment Boundary Wall
e. Resolution of Lift issues
5.

Given the substantial cost associated with these pending works, the

flat owners find themselves unable to bear the financial burden.
B. RELIEF SOUGHT:
6.

The Complainants seek redress through a directive from this

Authority, compelling the Respondents to expeditiously complete the
pending work in the concerned RV Exotica project.
B. NO REPLY RECEIVED:

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7.

Despite the issuance of notices on 22.06.2021 and 21.02.2023, the

Respondents have failed to provide any response to the contentions raised
by the Complainants.
C. Hearing Conducted:
8.

On the 4th of October 2023, a hearing was conducted, during which

the Complainants reiterated the contentions articulated in the original
complaint submitted before this Authority. It was brought to the attention of
the Authority that the building permit order was granted on the 15th of
March 2013. However, no representative appeared on behalf of the
Respondents during the proceedings. Recorede, attempts to serve summons
to the Respondents were met with non-delivery, as the returned notice
indicated that no addressee was found at the given address.
D. OBSERVATIONS OF THE AUTHORITY:
9.

After a thorough examination of the facts and circumstances

surrounding the present case, following issues warrant the attention of this
Authority:
i.

Whether the present matter is maintainable before this Authority?

ii.

Whether the Respondents are liable to complete the pending work of
the project?

i. Whether

the

present

matter

is

maintainable

before

this

Authority?
a. Section 3(2) of the Real Estate (Regulation and Development)
Act, 2016 ("the Act") stipulates that no registration of a real
estate project shall be required if the promoter has obtained a
completion certificate for a real estate project prior to the Act's
commencement. However, the Complainants contend that no
Occupancy Certificates have been obtained for the Project by
the Respondent Builder. Consequently, registration under the
provisions of the Act is deemed necessary and mandated under
Section 3 & 4 of the Act, 2016.
b. It is well-established that the Act prevails over Rules. Therefore,
despite Rule 1(2) indicating applicability only to projects with
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building permissions granted on or after 01.01.2017, the Act
necessitates

registration

Certificate/Occupancy

for

projects

Certificate

without

issuance.

Completion

Notably,

this

obligation extends to projects compelled to obtain a Completion
Certificate as per Government Order G.O.M.s No.86 dated
03.03.2006. The Respondents obtained a GHMC permit on
15.03.2013, yet the absence of an Occupancy Certificate
compels registration for the blocks lacking a Completion
Certificate.

Consequently,

the

present

matter

is

deemed

maintainable and well within the purview of this Authority's
jurisdiction.
ii. Whether the Respondent is liable to complete the pending work?
The Authority notes the Complainants' original complaint detailing the
works to be completed by the Respondent. The observations are as
follows:
a. With respect to Car Parking allotment, the Authority opines
that suchallotment can be accomplished amicably by the
Flat owners association without the necessity of Respondents
interference.
b. In regards to the Occupancy certificate, as per section
11(4)(b) of the RE(R&D) Act, the promoter is mandated to
obtain the completion certificate or the occupancy certificate
and make it available to the allottees. Therefore, the
Respondents are held liable to provide the Occupation
certificate to the Allottees of the concerned project.
c. Regarding pending works of the 2nd Coat of painting,
Apartment boundary wall, and Lift issues, the Authority
asserts that it is the Builder/Developer's responsibility to
complete the 2nd coat of painting, construct the boundary
wall, and ensure that the Lift of the concerned apartment is
handed over to the Allottees in a complete and usable
manner.
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10.

Therefore, the Respondents bear responsibility for completing the

aforementioned pending works.
E. DIRECTIONS OF THE AUTHORITY:
11.

After careful consideration of the facts and circumstances, the

Authority hereby issues the following directives:
I. the Respondents is directed to complete all pending works as per the
agreed specifications, including the construction of the boundary wall,
completion of the 2nd coat of the building, resolution of the lift issue, and
providing the lift in a complete and usable possession within 60 days from
the date of the receipt of this Order.
II. the Respondents is directed to obtain the Occupancy Certificate, which
has not been issued by the competent authority, and make it available to
the Allottees within 60 days from the date of this Order.
12.

In lieu thereof, the present complaint stands disposed of.

13.

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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