Order Complaint No. 475 of 2023

BEFORE THE
TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY,
HYDERABAD
COMPLAINT NO.475/2023/TSRERA
Dated: 12th October 2023
Smt. Mahamooda Begum

…. Complainant
Versus

M/s Vertex Constructions
Quorum:

…. Respondents

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

Appearance:

This case came up for a hearing on 11th October 2023. The
Complainant was present in person, along with counsel.
However, none appeared on behalf of the Respondent. After
hearing the submissions made by the party, the Authority
passes the following order:
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 pertains to a title land dispute, and
concurrently, the complainant has also approached the Civil Court seeking
similar relief.
2.

The Complainant has submitted that M/s Vertex Constructions have

submitted a building plan to GHMC for proposed constructions in S. No. 80
Hyderanagar, measuring an extent of Ac. 4-00 gts. Out of this, Ac. 2-00 gts. is
claimed to belong to the Complainant and her husband's brother, inherited
from their father-in-law as successors of the above said property. The

1 of 5

Complainant further asserts that no agreement of sale or sale deed has been
executed in favor of M/s Vertex Constructions or any other party at any point
in time. A family partition suit is pending for passing final decree proceedings
for partition of the shares of the property. The Complainant has also
mentioned ongoing legal disputes and injunction orders.
3.

The Complainant raises concerns about M/s Vertex Constructions

submitting documents to GHMC for the title of the property as per the RERA
Act and Rules. The Complainant requests verification of the documents
submitted by M/s Vertex Constructions before granting permission for the
registration of their project related to the disputed property.
4.

During the hearing held on 11.10.2023, the Learned Counsels for the

Complainant reiterated the allegations made in the written submissions.
However the Learned counsel for the complainant was unable to convince the
Authority that a title dispute concerning land encroachment, falls within the
jurisdiction of this Authority. This Authority's jurisdiction extends only to
inter se disputes between the promoter and allottee. In cases of such
disputes, the complainants can seek recourse with the civil court. It is not
denied that the disputed matter is already pending before the competent
authority between the present complainants and the Respondent. Therefore, if
the complainants perceive any form of illegal activity on the part of the
Respondent regarding their right to develop the Real Estate project, they can
seek redress from the Civil Court or the Appropriate Authority. This Authority
observes that 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. 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
2 of 5

association of allottees or any voluntary consumer association registered
under any law for the time being in force.
5.

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.
6.

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

by Complainant 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.
7.

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 IAS (Retd), Hon’ble Chairperson
TS RERA

3 of 5