Order Complaint No. 573 of 2022

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.573 OF 2022
30th 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

1. Sri K.K. Rathangapani Reddy
2. Smt. K. K. Kavitha
3. M/s GMK Estates & Projects Pvt. Ltd.
through Sri P. Mallikarjun Guptha

…Complainants

Versus
M/s Pheonix Global Spaces Pvt. Ltd.

…Respondent

The present matter filed by the Complainant herein came up for hearing on
14.09.2023 before this Authority in the presence of Authorised Representative of
the Respondent Builder/Developer, and none for the Complainant and upon
hearing the arguments of the parties, 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 & Relief Sought:
2.

The Complainants submitted that, they are the owners of the property

situated at Sy Nos.272/1 comprising of Ac 6-39 gts and Ac 3-21 gts in 273/1
situated at Puppalguda Village, Gandipet Mandal, Ranga Reddy District total

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admeasuring Ac 1-20 gts. Further, that the Respondent Builder/Developer, without
the Complainants’ knowledge has tendered forged documents misrepresenting
owners and have entered into “Development Agreement cum General Power of
Attorney” which is false and thereby requested this Authority to check all the
details before issuing the construction permissions to the said Respondent.

B. Reply on behalf of the Respondent:
5.

Accordingly, vide Notice dated 07.11.2022, 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. Vide
Reply dated 14.11.2022, the Respondent submitted that they called for a meeting
with the Complainants herein who are among the landowners in the abovementioned land to verify the veracity of the present complaint.

6.

The Respondent submitted that the Complainant Nos. 1 & 2 have

categorically and vociferously stated that they have not lodged any sort of
complaint with anybody. The Complainant Nos.1 & 2 have also stated that they are
not aware of the said Complainant No.3 and that they do not have any kind of
acquaintance with him who is a signatory to the present Complaint. Further, the
Complainant Nos. 1 & 2 and any other landowners do not have any sort of issues
with us with reference to any sort of activity undertaken by the Respondent
Developer pursuant to the Development Agreement cum General Power of Attorney
which is irrevocable and is in full force.

7.

In conclusion, the Respondent submitted that appropriate criminal action is

being taken by the Respondent and the Complainant Nos. 1 & 3 against
Complainant No.3 for filing false, frivolous and baseless complaint before this

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Authority. The said Reply has been duly signed by the Authorised Representative of
the Respondent Builder/Developer and the Complainant Nos. 1 & 2.

C. Observations and Directions of the Authority:
8.

The matter is disposed of as there is no lis between the parties concerned

and appropriate action is being taken against Complainant No.3 by the Respondent
and the Complainant Nos. 1 & 2.

9.

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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