Order Complaint No. 652 Of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY
AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.652 OF 2023
28th day of March, 2024
Corum:

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

M/s Brindavanam Social Welfare Association Rudra Brindavanam
Apartments
…Complainant
Versus
M/s Rudra Constructions
…Respondent
The present matter filed by the Complainant herein came up for final hearing
on 31.01.2024 before this Authority in the presence of Complainant’s
association present in person and Sri Prakash Managing Partner of the
Respondent company representing on behalf of the Respondent and upon
hearing the arguments of the party, 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
“RE(R&D) Act”) read with Rule 34(1) of the Telangana Real Estate (Regulation
and Development) Rules, 2017 (hereinafter referred to as the “Rules”) seeking
directions from this Authority to take action against the Respondent.
A. Brief Facts on behalf of the complainant:
3.

The complainants own and reside in flats in the residential complex

known as "Brindavanam," located in Sy.No.144/A and 146 in Kompally,
Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District.
4.

M/s Rudra Constructions obtained permission from the HMDA and

constructed a residential complex with Cellar, Ground, and Five Upper Floors,
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consisting of 105 residential flats. They sold 98 out of the 105 flats and
obtained an Occupancy Certificate.
5.

The complainants claim that there are multiple construction defects,

including expansion joint leakages, slab and beam leakages in the cellar,
water seepage issues, and cracks in the building's structure.
6.

They have also alleged mismanagement of the complex's finances,

including corpus fund collections, maintenance fees, and unauthorized sale of
parking slots.
7.

The complainants have provided photographs of the mentioned defects

and allege that they have suffered financial losses and mental distress due to
the builder's lack of response and the defects not being rectified.
B. Relief(s) sought:
8.
To direct the Respondent to rectify the defects and take any other
appropriate action as the Authority deems fit.
C. Respondent Reply:
9.

In response to the complaint, M/s Rudra Constructions provided the

following explanations and actions taken:
a. The builder acknowledges receipt of the complaint and states that
they have addressed the issues raised by the complainants, including
fixing groove cuttings, sealing gaps, and rectifying leakage from the
expansion joint.
b. They claim to have pressure grouted and sealed the cracks and
allotted parking slots to the flat owners, which are labeled and
marked with their respective flat numbers.
c. For the issue of waterlogging on the terrace, they have cut channels to
prevent water accumulation.
d. The builder provided photographs of the work completed as evidence
that they have addressed the complainants' concerns.

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D. Hearing Conducted:
10.

The hearings were conducted, wherein both parties appeared. During

the hearing, the complainants reiterated the contents submitted in the
complaint. The Respondent submitted that they are willing to rectify the
defects mentioned by the complainants. Further, the Authority also directed
the Respondent to enable the formation of an association of owners concerned
and hand over the common areas to the association of owners along with
physical possession of common areas, and the Corpus fund shall also be
transferred after the formation of the association. The Respondent sought 30
days to rectify all the defects stated in the complaint. Accordingly, time was
given to the Respondent.
11.

On the next date of hearing, 10.01.2024, the Respondent sought an

additional time of 2 weeks to finish the works. On 31.01.2024, the
Complainant’s association submitted to the Authority that the status of works
and developments have been completed by the Respondent. The same has
been submitted to the Authority in a written letter dated 31.01.2024, stating
the following:
a. The expansion joint repair works have been carried out by the builder,
but the problem still persists. However, the builder agreed to rectify the
same after finding the leakage point in the next downpour in the
monsoon.
b. The repair works are undertaken by the builder. However, the
effectiveness of the work cannot be guaranteed until they test it under
rainy conditions. And the builder agreed to rectify the same if the
problems still persist.
c. Cracks in the cellar ceilings, cellar beams, floors: These have been
pressure grouted and sealed by the builder.
d. The builder has started leveling works of the lawn area, and work is in
progress.
e. The builder and all the flat owners have successfully conducted the
elections for the office bearers on 26.01.2024. The newly elected
members will take charge of their respective roles and responsibilities
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effective from 01.08.2024. The builder is yet to transfer the corpus fund
with accrued interest to the association account. The transfer will be
done after getting a detailed explanation from the builder regarding the
total amount of corpus fund collected and interest accrued thereon.
f. The association expresses dissatisfaction with the fact that the visitor
parking slots are not yet finalized by the builder. They have raised this
issue several times with the builder, but have not received any
satisfactory response or resolution. Hence, they request intervention in
this matter and ensure that the builder finalizes the visitor parking
slots as soon as possible.
E. Observations and Directions by the Authority:
12.

It has been observed, through the aforementioned letter dated

31.01.2024 submitted by the Complainants, that the Respondent has rectified
all the issues raised by the complainants in their original complaint. However,
according to the Complainants, the Respondent has failed to demarcate the
visiting parking area. Hence, the Respondent is hereby directed to demarcate
the area, and in the event of failure to do so by the Respondent by 20th April
2024, the office bearers of the newly elected association body will be
responsible for the demarcation of visitor parking.
13.

In the lieu thereof, the present complaint stands disposed of.

14.

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) as per section 44 of the RE(R&D) Act, 2016.

Sd/-

Sd/-

Sd/-

Sri. K. Srinivas Rao,
Hon’ble Member
TS RERA

Sri. Laxmi NaryanaJannu,
Hon’ble Member
TS RERA

Dr. N. Satyanarayana, IAS (Retd.),
Hon’ble Chairperson
TS RERA

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