Order Complaint No. 534 of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.534 OF 2023
31st Day of October, 2023
Corum:

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

Sri N. Subba Reddy

…Complainant
Versus

M/s Greater Infra Project Pvt. Ltd.
Rep. by its Directors, Sri Manne Ravi
& Sri Kasukurthi Jawaharlal Nehru

…Respondent

The present matter filed by the Complainant herein came up for hearing on
17.10.2023 before this Authority, however, upon Notice both parties failed to
appear and, 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 “Act”) read
with Rule 34(1) of the Telangana Real Estate (Regulation and Development) Rules,
2017 (hereinafter referred to as the “Rules”) requesting appropriate action against
the Respondent Builder.

A. Brief facts of the case:
3.

The Complainant is the owner of plot bearing No.89, admeasuring 300 Sq.

Yards forming part of Sy.No.333, situated at Ameenpur Village and Mandal,
Sangareddy having acquired the said property by way of registered sale deed
bearing document No.12011 of 2006. The Respondent claims to have obtained the
said property by way of a Development Agreement Cum General Power of Attorney

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bearing document No.30298 of 2022, dated 29.08.2022. However, the Complainant
has learnt that the principal vendor of the developer had impersonated the
principal vendor of the Complainant and created an agreement of sale cum GPA
with respect to the subject property.

4.

Aggrieved, the Complainant has filed a suit vide OS No.93 of 2023 before

Sanga Reddy District seeking a relief of declaration of title and recovery of
possession. Also sought cancellation of the above mentioned DAGPA, dated
29.08.2022 as null and void on the basis of fraud played by the Respondent.
Subsequently, the Court passed a status quo order with respect to the same on
27.04.2023. And Complainant has learnt regarding registration certificate of the
project i.e., “GREATER INFRAS HOSTA” in Sy.No.333, plot Nos.75, 76, 89 and 90
at Ameenpur Village and Mandal, Sanga Reddy District has been granted to the
Respondent by this authority vide project registration No.P01100006025, dated
04.04.2023. Accordingly, the Complainant prayed that the registration granted to
the Respondent for the Project GREATER INFRAS HOSTA be revoked under Section
7 of the Act, 2016.

B. Notice to the Respondent:
5.

Accordingly, vide Notice dated 26.08.2023, served upon the Respondent, this

Authority directed the Respondent to submit a reply in terms of Rule 34 (1) & (2) of
the Rules, 2017 along with such other information with regard to the Project.
However, no reply was received on behalf of the Respondent. Further, Notice of
hearing dated 10.10.2023 was also issued to both the parties, however none
entered appearance on the said date of hearing.

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6.

Subsequently, the Respondent, vide Reply dated 10.10.2023 submitted that

they

have

obtained

necessary

No.009638/BP/HMDA/1971/SKP/2022

building

permission

dt.24-1-2023

on

the

bearing

permit

file

HMDA

of

Hyderabad followed by RERA Registration - P01100006025 in the name of Greater
Infra's Hosta and completed structure and undertaking internal works thereon.

7.

Further, that the Respondent Builder is following all regulations and

stipulations under permit No.009638/BP/HMDA/1971/SKP/2022 dt.24-1-2023
on the file of HMDA Hyderabad and RERA Registration - P01100006025 and
nothing violated in any manner hence put the permissions and building open to
authorities and public.

8.

It was further submitted that the Complainant has admitted that there has

been title dispute over plot No.89 thereby he has approached competent civil court
bearing OS No.93 of 23 on the file of SCJ Sangareddy thereby the subject matter of
the present complaint is siege by civil court and the title of plot No.89 would be
based on the outcome in OS No.93 of 2023. That the suit schedule property (plot
No.89) has been purchased by late RK Balalah s/o. late Dakaiah @ RK Bala
Krishna, an ex-employee of Government Mint Hyderabad, vide sale deed No.1283 of
1987 dt.2-2-1987 and had possession of the same and died on 17-3-1998 by
leaving his wife Smt. RK Sujatha as natural heir to succeed his property thereafter
the said property transferred to several people.

9.

Further, the Respondent submits that the vendor (RK Sujatha) of

Complainant by impersonation have fabricated sale deed No.4256 of 2002 dt. 12-72022, thereby the title of complainant over plot No.89 is under cloud and the
Complainant have admitted in OS No.93 of 2023 that he or his vendor does not

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have possession of plot No.89 thereby the Complainant have suppressed material
facts before this Authority. He added that, the developer has continuous flow of
title since 2-2- 1987 to till date by virtue of transactions over plot No.89 vide sale
deed No.1283 of 1987 dt.2-2-1987 Agreement of Sale Cum GPA No.1445 of 2006
dt. 19-1-2006, Sale Deed No.14007 of 2006 dt.3-6-2006, sale deed No.26509 of
2022 dt.3-12-2022 and Development Agreement Cum GPA No.30298 dt.29-8-2022
and obtained necessary statutory permissions and adhering the same hence there
is no violation or have any grievances either from officials or interested parties
thereon.

10.

In conclusion, he submitted that the Complainant does not have locus standi

to approach RERA and seek for cancellation of RERA Registration - P01100006025
conferred on Greater Infra's Hosta and that the subject matter of complaint is
pending adjudication by competent civil court, therefore prayed to reject the
present complaint as the same is vexatious & frivolous in nature for pecuniary
benefits in view of completion of apartment building complex.

C. Observations and Directions of the Authority:
11.

In consideration of the facts and circumstances of the present case, it is

seen that, on the date of the registration before this Authority i.e., on 04.04.2023,
there is no litigation against the said Project filed by the Complainant herein.
However, subsequent to the registration being granted, the Complainant filed O.S.
No.93/2023 before Sr. Civil Court, Sanga Reddy District on 20.04.2023 in which,
vide Order dated 27.04.2023, the Ld. Court directed the parties to maintain status
quo without alienating the suit schedule property i.e., plot No.89, admeasuring 300
sq yds in survey No.333 at Ameenpur Village, Sangareddy Taluk, until 27.06.2023.
However, there is no update as to whether the said order has been extended by the

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Ld. Court or not. As Rule 14(1)(a)(iii) provides for declaration of details of litigation
in the past five years in relation to the real estate projects developed or being
developed by the promoter, therefore, as there was no litigation pending at the time
of filing the Application for registration before this Authority, there is no violation
per se on part of the Respondent Builder. However, it is apparent from the record
that Plot No.89, against which the status quo order is granted by the Ld. Civil
Court is forming part of the total admeasuring 989.42 sq mtrs (covered under plot
nos.75, 76, 89 & 90 in Sy No.333) over which the present Project construction work
is going on.

12.

In the present circumstances, it is also pertinent to note that Annexure to

Rule 38 provides for a format of the Sample Agreement of Sale that the promoter
ought to enter into with its potential allottees. In the said Agreement of Sale,
Clause 8(1)(v) provides that the promoter shall disclose pending litigation, if any, on
the subject property at the time of entering into such Agreement of Sale with the
prospective allottee. Therefore, to protect the interest of the allottees, this Authority
while exercising its powers under Section 37, deems it fit and necessary to direct
the Respondent Builder to disclose about the pendency of the Civil Suit in O.S.
No.93/2023 and the status of the interim order dated 27.04.2023 passed in I.A.
No.618/2023 in the above-said suit, directing the Respondent herein to maintain
status quo without alienating the suit schedule property i.e., Plot No.89 which is
forming part of the total land admeasuring 989.42 sq mtrs over which the present
Project construction is going on, in their respective Agreement of Sales and also
disclose the same on the TS RERA Website to bring to the knowledge of the
allottees, such pending litigation. In lieu thereof, the present complaint stands
disposed of. The parties are hereby informed that failure to comply with this Order
shall attract Section 63 of the Act, 2016.

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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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