Order Complaint No. 43 Of 2024

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.43 OF 2024
Corum:

31st July, 2024
Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri Laxmi Narayana Jannu, Hon’ble Member
Sri K. Srinivasa Rao, Hon’ble Member

Sri Murali Mohan Reddy

…Complainant(s)

Versus
M/s Aaditri Housing Pvt.Ltd

…Respondent(s)

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”). During the
hearing, the Complainant prayed before this Authority to pass the following
interim order in safeguarding his interest:
a. To direct the Respondent not to alienate rights of Flat No. 1203 to third
parties until the present matter is disposed of.
2.

The Complainant submitted that he booked a residential flat (Flat No.

1103, Block D) admeasuring 1250 sq. ft., along with a covered car parking, in
Aaditri's Empire Venture located at Velimela village, Tellapur Municipality,
and Mandal, Sanga Reddy District.
3.

The Complainant made advance payments on 17.12.2018, 19.01.2019,

and 13.07.2019, and subsequently applied for the allotment of the flat on
30.09.2020. The Respondent issued an allotment letter acknowledging the
payments made by the Complainant.
4.

However, the Respondent entered into an Agreement of Sale (AOS) on

02.06.2022, changing the flat number to D-1203 on the 12th floor without
informing the Complainant. Upon enquiring about a housing loan in February
2023, the Complainant was informed of the cancellation of their flat allotment
due to non-payment of installments. Further, the Respondent insisted on
purchasing the flat at the current market rate, despite prior agreements.
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5.

During the hearing, the Respondent denied all contentions raised by the

Complainant

and

submitted

that

the

Complainant

approached

the

Respondent for purchasing the concerned flat. Upon all inquiries, the
Complainant agreed to purchase the concerned property for a total sale
consideration of Rs. 43,56,188/-. The payment terms and conditions and the
scheduled timeline of payment were agreed upon by both parties.
6.

The Complainant failed to comply with the payment timeline as

prescribed in the schedule of payments agreed upon in the Agreement of Sale
dated

09.05.2022.

An

intimation

letter

was

communicated

to

the

Complainant. Further, a pre-cancellation notice was issued on 25.05.2022. As
per the agreement, Clause 24 states that if the allottee fails to pay the
scheduled payment along with interest within two months of the scheduled
date, the agreement stands cancelled.
7.

Upon perusal of the records submitted before this Authority, it is

observed that the Respondent issued a pre-cancellation letter dated
25.05.2022, bearing reference number AHPL/HYD/EMPIRE/25.05.2022,
prior to the execution of the Agreement of Sale. The execution of the
Agreement of Sale occurred on 02.06.2022. Subsequently, within three
months of the execution of the Agreement of Sale, the Respondent issued a
cancellation

letter

to

the

Complainant,

referenced

as

AHPL/HYD/EMPIRE/07.09.2022/PBN:577/003. The pre-cancellation letter
that the Respondent relies upon does not pertain to the same instalment and,
therefore, cannot lead this Authority to conclude that the Complainant was
duly notified of the cancellation prior to the execution of the Agreement of
Sale. This Authority notes the discrepancies in the actions of the parties
involved. Accordingly, this Authority holds that until the issue of the
sustainability of the cancellation letter dated 07.09.2022, issued by the
Respondent, is determined, the Respondent shall not alienate the rights of the
concerned unit, Flat No. 1203-D in the project Aaditri's Empire Venture, to
any third party until the final resolution of the present matter.
8.

Furthermore, this Authority observes that the Respondent has collected

sums of money from the Complainant since 2018, even before obtaining RERA
registration on 30.04.2021. Consequently, a show cause notice, bearing
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reference number C/43/2024/TGRERA and dated 08.07.2024, was issued for
violating Sections 3(1) and 4(1) of the Real Estate (Regulation and
Development) Act, which prohibits the promoter from advertising, marketing,
booking, selling, or offering for sale or inviting persons to purchase any plot,
apartment, or building in a real estate project without registering the real
estate project.
9.

For contravening Section 3 of the Act, this Authority, exercising its

powers under Section 59 of the Act, imposes a penalty of Rs. 2, 00,000/- This
penalty is imposed for marketing/selling villas of the Project without
registering the project before this Authority. The amount is payable in favor of
TSRERA FUND through a Demand Draft or online payment to A/c No.
50100595798191, HDFC Bank, IFSC Code: HDFC0007036, within 30 days of
receipt of this Order by the Respondents/Promoter.
10.

Therefore, exercising its power under Sections 36 and 37 of the Real

Estate (Regulation and Development) Act, restrains the Respondent from
being sold or register the concerned unit to any third party until further
notice or issuance of the final order by this Authority.
11.

The Interim order shall remain in force until the issuance of the final

order by the order or until further modification or directions are given by this
Authority.
12.

The Respondent is hereby notified to comply with order forthwith.

Failure to comply will result in appropriate action under Section 63 of the
Real Estate (Regulation and Development) Act.
13.

The matter is listed for hearing on 06.08.2024.

Sd/-

Sd/-

sSd/-

Sri. K. Srinivas Rao,

Sri. Laxmi NaryanaJannu,

Dr. N. Satyanarayana, IAS (Retd.),

Hon’ble Member

Hon’ble Member

Hon’ble Chairperson

TS RERA

TS RER

TS RERA

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