Order Complaint No. 342 of 2025

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Date: 7th November, 2025
Quorum:

Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member
Complaint No. 342/2025/TG RERA

Mr. Racha Raj Kumar
(R/o H. No. 2-3-601/1, Plat No. 19&20, Akshaya Homes, Flat No. 304, Road No. 2, Sai Nagar
Colony, Alkapuri X-Road, Chintalakunta, L.B. Nagar, Hyderabad - 500 074)
…Complainant
Versus
1. M/s. Krithika Infra Developers
2. Mr. D. Gopal, Director of M/s. Krithika Infra Developers
3. Mr. D. Srikanth, MD of M/s. Krithika Infra Developers
4. Mrs. Radha Bukya, MD of M/s. Krithika Infra Developers
5. Mr. D. Sashikanth, Executive Director of M/s. Krithika Infra Developers
(Office at 3rd & 4th Flr, Sri Padanjali Building, Beside Bahar Café, Opp. HP Petrol Pump, LB
Nagar, Hyderabad, Telangana -500074)
…Respondents
The present matter filed by the Complainant came up for hearing on 07.08.2025 before
this Authority, in the presence of the Complainant in person, and no one appeared for the
Respondents despite due service of notice. After hearing the submissions of the Complainant,
the matter was set ex parte on 07.08.2025. This Authority now proceeds to pass the following
ORDER:
2.

The present Complaint have been filed by the Complainant under Section 31 of the Real

Estate (Regulation & 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 appropriate reliefs against the Respondents.
A. Brief Facts of the Case as per Form M submitted by the Complainant:
3.

It was submitted that the Complainant, Mr. Racha Raj Kumar, purchased a flat from the

Respondent, M/s. Krithika Infra Developers, in their project located at survey no. 215,
Boduppal village, Medchal-Malkajgiri District.
Page 1 of 7

---

It was stated that the Complainant had opted for a flat in a pre-launch offer, specifically

Flat No. C-114 (East facing, 1350 Sft) in Block-C. The Complainant submitted that he paid the
full consideration of ₹28,35,000/-, with the total payment being completed by 21st February
2022. It was further stated that the Complainant subsequently received an Agreement of Sale
on 8th July 2022.
5.

The Complainant contended that the Respondent had verbally promised that the flat

would be handed over by July 2024. However, it was alleged that as of the date of the
complaint, there was "no progress at all" in the construction.
6.

It was also submitted that while the Respondent obtained permission from the Boduppal

Municipal

Corporation

on

23rd

September

2023

(Application

No.

009613/BP/HMDA/2100/GHT/2023), this approval was only for the construction of (2 Cellar
+ 1 Stilt + 1 upper Floor). The Complainant alleged that this was contrary to the Respondent's
representation that the approval was for 10 floors. It was contended that the Respondent had
not received the necessary approvals for the full project, nor had they obtained RERA approval.
7.

Finally, the Complainant alleged that when he pressed the Respondent for the

registration of his undivided share (UDS) of the land, he was informed that the Respondent did
not have the land in their possession to carry out the registration.
B. Relief(s) Sought
8.

Accordingly, the Complainant sought the following reliefs:
i.

Instruct the Promoters to register the land to non-register members.

ii.

Instruct the Promoters to get the RERA registration.

iii.

Instruct the promoters to develop the development works at the earliest.

iv.

If the above 1, 2 & 3 points are not possible then we would request the RERA Authorities
to issue the orders in this matter to get the full refund for the above said amount with
interest from the date of full payment as per the govt. norms.

v.

Till the time of refund process the M/s. Krithika Infra Developers should not do any
activity of selling the land or cancelling of Development agreement to registered
members.

Page 2 of 7

---

Request the RERA Authorities to give the time lines for the above request as we are
paying the interest through EMI's.

C. Points for Consideration
9.

The following issues arise for consideration by the Authority:
I.

Whether the Respondents have violated Sections 3 & 4 of the RE(R&D) Act, 2016 by
not registering the project, Sheshadiri’s Silver Oak?

II.

Whether the Complainant is entitled to the relief sought? If so, to what extent?

D. Observations of the Authority
10.

The record clearly indicates that despite due service of notice through registered post

and substituted service, the Respondents have failed to appear before this Authority, nor have
they filed any written response or made any representation to contest the allegations made by
the Complainant. Such persistent non-appearance and failure to respond, despite repeated
opportunities afforded, demonstrate a deliberate disregard for the proceedings of this Authority.
Therefore, after being satisfied that due process was duly followed and all procedural
requirements were complied with, this Authority was constrained to proceed ex parte against
the Respondents by order dated 07.08.2025.
POINT I
11.

The Agreement of Sale dated 08.07.2022 and supporting documents placed on record

by the Complainant clearly establish that the Respondent No. 1, M/s. Krithika Infra Developers,
had launched and marketed a project titled “Sheshadri’s Silver Oak” proposed to be developed
at Survey No. 215, Boduppal Village, Medchal–Malkajgiri District, Telangana. The land
admeasuring approximately 13,658 square yards (about 11,418 square meters), as revealed
through the documents and representations, was intended to host multiple residential
apartments across several blocks. The Complainant was allotted a flat no. C-114, on 1st floor
with a built-up area of 1350 Sq. Feet in the said project and executed an Agreement of Sale, for
which substantial payments were made towards the total sale consideration.
12.

It is evident from the above that the area of land involved in the proposed project far

exceeds 500 square meters, and the number of apartments proposed clearly surpasses the
threshold of eight units. Therefore, the project does not fall within the ambit of exemption
prescribed under Section 3(2) of the Real Estate (Regulation and Development) Act, 2016,
Page 3 of 7

---

Further, under Section 4 of the RE(R&D) Act, 2016, every promoter is obligated to

submit an application for registration of a real estate project, enclosing all requisite documents
and disclosures as prescribed under the Telangana Real Estate (Regulation and Development)
Rules, 2017. In the present case, there is no evidence on record to show that the Respondent
no. 1 had ever applied for such registration. On the contrary, the material before this Authority
clearly shows that the Respondent No. 1 has entered into Agreements of Sale with the
Complainant, collected substantial sale consideration, and even undertaken to register
undivided shares of land, all without obtaining prior registration. Such conduct amounts to a
direct contravention of Sections 3 and 4 of the RE(R&D) Act, 2016.
14.

The actions of Respondent No. 1, launching a “pre-launch offer,” advertising, accepting

bookings, executing sale agreements, and collecting payments without registration, constitute
grave statutory violations. These actions defeat the very objective of the Real Estate
(Regulation and Development) Act, 2016, which is to ensure transparency, accountability, and
protection of consumer interests in the real estate sector. The said non-compliance with the
mandatory registration provisions renders the entire transaction illegal and voidable at the
instance of the allottees.
15.

In light of the above discussion, this Authority holds that the Respondent no. 1 has

clearly violated the provisions of Sections 3 and 4 of the Real Estate (Regulation and
Development) Act, 2016. The Respondent no. 1 is, therefore, liable for penal action under
Section 59 of the RE (R & D) Act, 2016 for having advertised, marketed, sold, and entered into
agreements for the sale of flats in the unregistered project “Sheshadri’s Silver Oak.” This
conduct not only undermines the statutory objectives of the RE(R&D) Act, 2016 but also causes
serious prejudice to the rights and financial security of the allottees.
16.

It is pertinent to mention that this Authority has already dealt with similar violations by

the same Respondent in Complaint No. 115 of 2024, which related to this very project. A
penalty of ₹9,96,050/- (Rupees Nine Lakhs Ninety-Six Thousand and Fifty Only) was imposed
on the same Respondents for violation of Sections 3 and 4 of the RE(R&D) Act, 2016 for the
same project. Therefore, the issue of unregistered development by the Respondent-promoter in
Page 4 of 7

---

Further, this Authority, in its Order in Complaint No. 86 of 2025 dated 16.10.2025, has

declared the Respondent No. 1/Promoter, M/s Krithika Infra Developers, as a “defaulter” for
continuous and willful violations of the provisions of the Real Estate (Regulation and
Development) Act, 2016. Accordingly, all developmental activities undertaken by the said
Respondent no. 1 are to be terminated with immediate effect, and the Respondent No.
1/Promoter is restrained from carrying out any further advertisement, marketing, booking, sale,
or offer for sale of any apartment or part thereof in the said project or any other projects in the
future, in any manner whatsoever. The relevant portion of the above-mentioned order reads as
follows:
Para 23. Further, the Respondent has consistently exhibited wilful contempt for the
authority. Despite due service of notices, publication of public notice, and repeated
opportunities, the Respondent has failed to appear, file replies, or offer any explanation.
Such recalcitrant conduct demonstrates wilful disobedience, procedural evasion, and a
premeditated intention to obstruct justice and subvert regulatory oversight. The
Respondent’s conduct strikes at the very root of the regulatory mechanism envisaged under
the RE(R&D) Act, thereby undermining the faith of allottees and the integrity of the real
estate sector.
Para 24. In light of the above, and considering the grave, continued, and wilful violations
of statutory obligations, coupled with the malafide intent to deceive and defraud the public
at large, this Authority is constrained to hold that the Respondent has engaged in
malpractice, unfair trade practice, and deliberate misrepresentation within the meaning
and spirit of the Real Estate (Regulation and Development) Act, 2016.
Para 25. Accordingly, in exercise of the powers conferred under Sections 37 and 38 of
RE(R&D) Act, 2016, and in the larger public interest, this Authority hereby declares
Respondent No.1, M/s. Krithika Infra Developers, to be a “defaulter” and a habitual
violator of the provisions of the RE(R&D) Act. Consequently, the Respondent, including its
directors, partners, and associated entities, is prohibited from undertaking, advertising,
marketing, booking, selling, or registering any new real estate project within the
jurisdiction of this Authority.

Page 5 of 7

---

Upon careful examination of the documents and submissions placed on record, this

Authority observes that out of the total sale consideration of Rs. 28,35,000/- the Complainant
has paid Rs. 28,35,000/- to the Respondents as per the Agreement of Sale dated 01.08.2022,
towards the purchase of a residential flat in the project titled “Sheshadri’s Silver Oak” situated
at Sy. No. 215, Boduppal Village, Medchal–Malkajgiri District. The payments were received
by the Respondents in the following manner:
SI.No.

Date

Mode of Payment

Amount

Transferred to

1

15-12-2021

By Cheque

50,000

Axis Bank Limited

2

07-01-2022

By Cheque

4,50,000 Axis Bank Limited

3

07-02-2022

By Cash

8,00,000

4

07-02-2022

By Cheque

12,00,000 Axis Bank Limited

5

21-02-2022

By Cheque

3,35,000 Axis Bank Limited

Total
19.

NA

28,35,000

It is evident from the record that the construction activity on the project site has not

commenced to date, and the Respondents have failed to secure the requisite approvals and
permissions from the competent planning authorities.
20.

Under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016, a

promoter is bound to return the amount received from an allottee, along with interest at the
prescribed rate and compensation, in the event that the promoter fails to complete or is unable
to give possession of the apartment, plot, or building as per the terms of the agreement for sale.
21.

In the present case, the Respondents, having received the substantial sale consideration

without initiating construction, have evidently failed to perform their statutory obligations as
promoters. Consequently, the Complainant is entitled to a refund of the amount paid along with
interest as stipulated under Rule 15 of the Telangana Real Estate (Regulation and Development)
Rules, 2017, which prescribes that the rate of interest payable by the promoter to the allottee
shall be the State Bank of India’s highest Marginal Cost of Lending Rate (MCLR) plus two
percent.
22.

Therefore, this Authority holds that the Complainant is entitled to a refund of the entire

sum of ₹28,35,000/- paid towards the purchase of the flat, along with interest at the rate
Page 6 of 7

---

In accordance with the discussions made above, this Authority, vide its powers under

Sections 37 and 38, issues the following directions to the Respondents:
i.

The Respondents are directed to refund the entire amount of Rs. 28,35,000/- along with
interest at the rate of 10.75% per annum (SBI MCLR of 8.75% + 2%) calculated from
the respective dates of payment made by the Complainant until the date of actual refund
by the Respondents, within 30 (thirty) days from the date of this order.

24.

Failing to comply with the above-said direction by Respondents shall attract penal

action in accordance with Section 63 of the RE(R&D) Act, 2016.
25.

In view of the above, the present complaint is disposed of. No order as to costs.

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

Sd/Sri Laxmi Narayana Jannu,
Hon’ble Member,
TG RERA

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon’ble Chairperson,
TG RERA

Page 7 of 7

---