TG-RERA Authority

Order Complaint No. 53 of 2024

02 Sep 2024
TG-RERA Authority
1 Pages

Order Details

Order Type TG-RERA Authority
Complaint/Case Number Complaint No. 53 of 2024
Year 2024
Order Category Regular Order
Order Date 02 Sep 2024
Complainant Smt. Ramisetti Bhavani
Respondent Sri Gurram Prakash
PDF Document Download PDF BU_050924165637043.pdf

Full Order Text

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.53 OF 2024
02nd Day of September 2024
Corum:

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

Smt. Ramisetti Bhavani

…Complainant
Versus

M/s GRR Realties
Represented by its Managing Director
Sri Gurram Prakash

…Respondent

The present matter filed by the Complainant herein came up for hearing on
20.06.2024, 25.07.2024 and 21.08.2024 before this Authority in the presence of the
Complainant in person and none for the Respondent inspite of service of notice and
upon hearing the arguments, this Authority passes the following ORDER:

2.

The present Complaint has 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
relief against the Respondent Builder.

Brief facts on behalf of the Complainant:
3.

The Complainant submitted that she purchased Flat bearing No.210 at

Vasista Block from Sri Gurram Prakash, GRR Realities, Khammam, i.e., the
Respondent herein in the year 2016 and a registered sale deed was accordingly

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executed in favour of the Complainant. That the Complainant paid a total of
Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand Only) which was paid by way
of cash and remaining by bank loan. The Complainant filed a copy of the registered
sale deed dated 27.06.2016 bearing document No.6578/2016 which shows that the
project has DTCP approval vide B.P. No.41/2012/W dated 23.02.2012.

4.

It was submitted that the Respondent has not completed the Flat and not

handed over to the Complainant even after eight (8) years. Therefore, the
Complainant prayed to direct the Respondent to complete the remaining works and
handover the Flat bearing No.210 at Vasista Block to the Complainant at the earliest.

B. Observations and directions of the Authority
5.

Notices were issued to both parties for a hearing before this Authority on

20.06.2024, 25.07.2024 and 21.08.2024. Despite being in receipt of the Notice, the
Respondent failed to appear on all the said hearing dates. Therefore, the Respondent
was set ex-parte on 21.08.2024.

6.

The Complainant appeared on 21.08.2024 and reiterated the contents of the

Complaint. This

Authority

has

already issued final

orders

in

Complaint

No.1592/2023 and 1673/2023 which are individual complaints in respect of the
same project and the same Respondent herein.

7.

Therefore, in line with the orders issued in the above-mentioned complaints,

as the Respondent has failed in its obligation to handover the Flat within the time
stipulated in the sale deed dated 27.06.2016 bearing document No.6578/2016 in
utter disregard and violation of Section 17(1) and therefore, the Complainant is
entitled for complete refund of amount paid along with interest as per Rules.

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Therefore, the Respondent is hereby directed to cancel the registration of the flat
No.310 at ‘Vasistha Block’ made in favour of the Complainant and refund an amount
of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand Only) along with such other
additional amounts paid by the Complainant for registration of the Sale Deed dated
27.06.2016 bearing document No.6578/2016 with interest at the rate of 10.85 %
(8.85 + 2) as per Rules, 2017 from the date of the sale deed i.e., from 27.06.2016 till
the date of payment made to the Complainant, within 30 days from the date of the
receipt of this Order, failing which appropriate action under Section 63 will be
initiated against the Respondent.

9.

The complaint is accordingly disposed of. No order as to costs.

10.

If aggrieved by this Order, the parties may approach the Telangana Real Estate

Appellate Tribunal in accordance with Section 44 of the Act, 2016.

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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