Order Complaint No. 64 of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
3rd Day of October, 2023
Corum:

Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri Laxmi Narayana Jannu, Hon’ble Member
Sri K. Srinivasa Rao, Hon’ble Member
Complaint No.64 of 2023

Smt. P. Bhagyamma

…Complainant
Versus

1. Sri Gummadi Goutham Reddy
2. M/s Indis Villa Development Pvt. Ltd.
Rep. through Sri Soma Jagan Mohan Reddy

…Respondents

Complaint No.88 of 2023
Sri Gummadi Sudharshan Reddy

…Complainant
Versus

1. Sri Gummadi Goutham Reddy
2. M/s Indis Villa Development Pvt. Ltd.
Rep. through Sri Soma Jagan Mohan Reddy

…Respondents

The present matter filed by the Complainant herein came up for hearing on
03.10.2023 before this Authority in the presence of parties in person and the
Authorised Representative of the Respondent Builder and upon hearing the
arguments of the parties, this Authority passes the following ORDER:
2.

The present Complaints have 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”).

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A. Facts of the Complaint:
2.

The Complainants submit that the Respondents by misrepresenting facts have

obtained layout permission vide No.3296/GHMC/KPL/2022-LO, dated 21.09.2022
in respect of the land admeasuring 32627 sq yds in Sy. No.83 part and 84 part
situated at Turkapally Village, Alwal Mandal, Medchal-Malkajgiri District.

3.

She submitted that the Respondents sought to develop land as mentioned

above which is adjacent to the plot in which Complainants have peaceful possession
since 2012 through a final decree of the court. Further, the GHMC gave layout
permission however the Respondent Builder is not complying with GOMs No.168
dated 07.04.2012 as the access road is not as per measurements required under the
said GOMs. Aggrieved, she prayed to cancel the application No. REA02400049664
applied by the Respondent No.2 Builder for development of its Project titled “Myra
Villas” and also to cancel the housing permit granted by the GHMC.

B. Reply on behalf of the Respondents:
3.

Accordingly, a Notice dated 06.03.2023 was issued to the Respondents

directing them to submit a reply to the said Complaint in accordance with Rule 34(1)
& (2) of the Rules, 2017. And vide Reply dated 23.03.2023, the Respondents
submitted that the Complaint is misconceived and that the Complainants have
approached this Authority with unclean hands. They further submitted that
Complainants never accessed their own property i.e., Sy. No.85/AA of Turkapally
Village from the land belonging to G Gautham and G Ram Reddy which is now being
developed by the respondent.

4.

Respondent’s land has distinct access and the Complainants historically have

been accessing their property from another pathway through neighboring lands.
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Respondent’s property is clearly demarcated with specified boundaries and that the
GOMs No.168 dated 07.04.2012 has been strictly followed as no pathway has been
disturbed. He also brought to the notice if this Authority that Complainants have
filed WP No.1403/2023 against GHMC and the Respondent for cancellation of layout
permission and the same is pending consideration.

C. Observations and Directions of the Authority:
5.

Accordingly, hearing was conducted on 03.10.2023, wherein the Complainant

and the Respondents through Authorized Representative were present, and they
reiterated the contents of the Complaint and the Reply, respectively and prayed for
the relief to be granted.

6.

At the onset, it is stated that One of the main purposes of this legislation is to

support and safeguard the interests of end consumers within the real estate sector,
particularly in light of the increasing prevalence of fraudulent practices employed by
builders. It is clear that the matter pertains to illegal construction and noncompliance of GOMs No.168 dated 07.04.2012, which does not fall under the
jurisdiction of this Authority. Further, as the Hon’ble High Court is already seized of
the matter vide WP No.1403/2023 filed by the Complainant herein, the Complainant
is directed to agitate the relief before the Hon’ble High Court.

7.

In lieu of the above-mentioned directions, 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.

8.

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

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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 Laxmi Narayana Jannu, Hon’ble Member

Sd/Sri K. Srinivasa Rao, Hon’ble Member

Sd/Dr. N. Satyanarayana, Hon’ble Chairperson

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