Order Complaint No. 677 Of 2022

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.677 OF 2022
14th Day of March, 2024
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 V. Gouri Sankara Rao
2. Sri Venkata Madhu Sudhana Rao
3. Sri Surender Kumar
4. Sri B. Joseph
5. Sri Rajan
6. Sri E. Saikumar

…Complainants

Versus

M/s Fortune Homes Builders & Developers
Represented by its Managing Partner
Smt. Pothula Urmila

…Respondent

The present matter filed by the Complainants herein came up for hearing
on 26.09.2023, 01.11.2023, 19.12.2023 and 09.01.2024 before this Authority
in the presence of Complainants in person and Authorized Representative of the
Respondent Builder and upon hearing the arguments, this Authority passes the
following ORDER:

2.

The present Complaint has been filed by the Complainants under Section

31 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred
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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 on behalf of the Complainants:
3.

The Complainants submit that they have purchased Flat Nos.101, 201,

302, 402 and 501 in the Project titled “PSLR Pride” which is being developed by
the Respondent. They submitted that the said Project is registered with TS
RERA vide Regn. No. P02200002184, valid up till 08.08.2025. they have filed
their respective registered sale deeds bearing document Nos.7021/2021,
7020/2021, 3527/2021, 4035/2021 and 8323/2021. They submitted that the
construction of the said Project is not in a good condition having the following
issues:
As per brochure/DAGPA
Borewell water
water supply

and

Actual

drinking Borewell waster has high TDS (3852 mg/L)
which was not disclosed. They had to pay
the final amount for drinking water
connection (Rs.1.50 lakhs approx.) As
drinking water received is not sufficient,
they are forced to purchase manjeera
water from GHMC on regular basis

Luppam finish of internal walls

Very rough with ups and downs at many
places including ceilings and small holes in
walls

Intercom facility

Not provided at all

Telephone, TV points, internet No telephone points at all and no tv point,
provision
no internet provision
Kitchen provision of exhaust fan

Not provided at all

Generator
backup
for
lift Apart from lift, borewell and common
borewell common lighting and lighting only 2 points per flat were
few points in hall and kitchen
provided though the generator has the
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capacity for additional points
Wall mixers and showers
toilets of jaguar made

4.

in Provided cera make.

The Complainants also highlighted as follows:
i.

Tile laying is very poor with unevenness in many places including cross
corners

ii.

Smallest nani/floor provided in kitchen wash area and hall balcony
wherein there is no free flow of water

iii.

No plastering done inside the small loft located in the kitchen wash area

iv.

No proper slope in balcony and wash area

v.

Seepage of water into walls in some flats as well as most external walls
across the staircases.

vi.

Local make lift provided with grill doors which is having frequent
breakdowns

vii.

Gaps in toilet tiles which could be reason for seepage on walls adjacent
to toilets

viii.

Uneven fixing of door frames in flats

ix.

No fixed size of toilet ventilators

x.

Poor quality of mesh used for UPVC windows

xi.

Uneven fixing of door frames in flats

xii.

No fixed size of toilet ventilators

xiii.

Poor quality of mesh used for UPVC windows

xiv.

Many wall corners have acute angle instead of right angle

xv.

Rain water logging into all corridors till the main doors of individual flats
because of improper slope and no closure of openings on the South side
of stair case

xvi.

Painting of lift room doors, iron ladders on terrace, main gate not done
at all n. Stair case SS hand railing and balconies railing buffing not done
at all

xvii.

No light points provided on terrace

xviii.

Cracks on overhead tank walls

xix.

Main gate walls and watchman room walls full of cracks
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xx.

Rain water harvesting pit not serving the purpose

xxi.

No additional tap points provided in cellar for watering of plants

xxii.

Shed not provided for DG set as recommended by OEM in the
commissioning report

xxiii.

Insurance policy for completed building for minimum period of 3 years
has not been provided as per condition 32 d iv of Building Permit Order
issued by GHMC.

B. Reply on behalf of the Respondent Builder:
5.

Vide Reply dated 17.02.2023, the Respondent Builder, submitted as

follows:
As per brochure/DAGPA
Borewell water
water supply

and

Reply by Respondent

drinking The TDS of the water changes according to
the areas. The TDS is not under the
Builder’s control. However, the borewell is
provided to the apartment complex. An
amount of Rs.1,50,000/- was paid by the
Builder to GHMC for water connection for
one inch connection.
TDS of the water is to be reduced by the
Apartment owners by installing softener.
The cost is to be borne by the apartment
owners as it is not promised by the
Builder. GHMC supplies water on alternate
dates and it is sufficient to meet the needs
of the apartment owners.

Luppam finish of internal walls

The luppam finish is as per standards
used by most of the builders. There may be
some waves on the wall which are beyond
human control.

Intercom facility

Intercom facility was not provided as the
Builder entered into negotiations with the
Apartment owners for providing CCTV
instead of intercom. Hence, CCTV was
installed.
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Telephone, TV points, internet Telephone points and TV points provisions
provision
are provided but it is for the owners to get
the wire installed by their technicians.
Most of the apartment owners depend
upon the service providers of TV and
internet and their specifications differ. As
such, the owners pull the wires from the
outside as per the requirements of the
service provider. It is impossible for the
Builder to provide connections as per
different service providers.
Kitchen provision of exhaust fan

Provision of exhaust fan is provided by
giving a six-inch diameter hole for
installing exhaust.

Generator
backup
for
lift The Generator is given for two points per
borewell common lighting and flat only. This was promised and is
few points in hall and kitchen
provided but there is no mention of the
same in the brochure. The generator
capacity is there to provide more points
but it is subject to common consensus by
building association.
Wall mixers and showers
toilets of jaguar made

6.

in Cera or equivalents were promised and the
Cera bathroom fittings are provided.

The Respondent Builder further submitted that:
i.

The tiles are properly laid and it is of a good quality. There may be slight
bends which occur due to laying of tiles of larger size due to the bends in
the tiles which is a normal defect in the manufacturing.

ii.

Nani traps and floor traps are provided as per the normal standards.

iii.

The plastering cannot be done for small loft in the kitchen area as no
human can go and stand inside it as it is only 3 feet and smooth
plastering cannot be done. The Respondent submits that the roof is of
concrete and it requires no additional plastering.

iv.

The seepages are addressed to, and water proofing is done.

v.

The lift is of ISI Standard of Sneha brand. There will be normal wear and
tear due to usage and the developer cannot be held responsible after 2½

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of years of delivery of possession of flats. The association has to enter
into AMC with the Lift Manufacturer.
vi.

There are no gaps in toilets as alleged and there is no seepage as on
today. The developer has filled the gaps with Epoxy solution and there
are no seepages as on today.

vii.

The doors are provided of good quality of 8 feet height and they are
properly fixed.

viii.

The toilet ventilators are provided.

ix.

The Mesh is of a good quality in UPVC windows.

x.

The angles are right angles on the wall corners.

xi.

Only when there are heavy rains with winds the water comes into
corridors and it is act of God and the builder has provided excellent water
drainage system. The corridors will not have any slopes as it will be
dangers for the person using the same. The floors of the corridors are to
be mopped.

xii.

Painting is done on all the points.

xiii.

Buffing is provided.

xiv.

The light points on the terrace were not promised by the builder as such
they are not provided.

xv.

There are no cracks as alleged. The tank is of good quality. There may be
air cracks, which do not result in seepages.

xvi.

There are no cracks on the main gate walls. The watchman room is also
free of major cracks. There may be some air cracks which is beyond the
control of any developer.

xvii.

Rain harvesting pit is provided and it depends upon the association to
maintain it.

xviii.

One tap is provided for watering the plants.

xix.

There is no shed provided as the Generator provider opined that it is not
necessary and the shed and other coverings will lead to heating up of
generator unit.

xx.

Insurance Policy will be collected by GHMC at the time of issuing the
permit.

xxi.

All the messages and grievances of the apartment owners were attended
and responded to.
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xxii.

The Respondent submits that the possessions was taken by the
apartment owners after confirming with the ground position and have
signed the possession letter after getting satisfied.

7.

In light of the above, the Respondent prayed that the Complaint may be

dismissed as being frivolous.
C. Rejoinder by the Complainants:
8.

Vide Rejoinder dated 20.04.2023, the Complainants submitted as follows:
i.

As per the (DAGPA) between the Developer & Landlord, the Developer is
supposed to provide drinking water supply to kitchen in all flats. Mere
payment of Rs 1.50 Lacs by Developer and leaving it to the owners to pay
balance amount for getting the supply of drinking water is not correct
and is contradictory to the agreement with the Landlord. Also, it is quite
surprising to note that the Developer stated that they have paid for 1"
connection whereas it is only for ¼" (20 mm) for which they paid. For
getting the manjeera water supply, all the owners of the flats had to pay
Rs 1,05,100.00 in the month of March 2022 after which only we could
get the water supply. Softening of the bore water with high TDS is not
possible and therefore we had no choice but to purchase drinking water
from the Municipality that too at high rate till such time we got Manjeera
connection.

ii.

The luppam finish in flats is quite uneven with holes all over and some
flat owners had to incur extra money to make surface of the walls even as
well as cover the holes to a large extent.

iii.

Intercom facility was not provided though the same is printed on the
brochure. No flat owner requested the Developer to provide CCTV in lieu
of intercom facility.

iv.

No telephone point, no TV point provided in Master Bedroom though this
is part of the scope outlined in DAGPA and brochure.

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v.

Exhaust fan provision is made only in puja room that too with no power
point for the fan (if used) and not in the kitchen. The 6" provision is used
for chimney in the kitchen.

vi.

Only two points of Generator power supply is provided instead of four
points agreed by the Developer.

vii.

The lift and its machinery are not of standard quality and as a result we
are experiencing a number of problems with the lift.

9.

Accordingly, while reiterating the contents of the complaint and denying

the contents of the reply, the Complainants prayed to initiate suitable action
against the Respondent Builder.
C. Observations and Directions of the Authority:
10.

Complainants and Respondent appeared before this Authority on

09.01.2024 and reiterated the contents of their respective pleadings. The
Project “PSLR Pride” is registered with this Authority vide Regn. No.
P02200002184 and valid up to 08.08.2025.
11.

Admittedly, the Complainants entered into possession of their flats in

October 2021 and the five-year period has not expired yet, as per Section 14(3)
which stipulates as under:
“(3) In case any structural defect or any other defect in workmanship,
quality or provision of services or any other obligations of the promoter as
per the agreement for sale relating to such development is brought to the
notice of the promoter within a period of five years by the allottee from the
date of handing over possession, it shall be the duty of the promoter to
rectify such defects without further charge, within thirty days, and in the
event of promoter's failure to rectify such defects within such time, the

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aggrieved allottees shall be entitled to receive appropriate compensation in
the manner as provided under this Act.”
12.

However, it is observed that issues raised by the Complainant have been

adequately addressed by the Respondent as stated by the Respondent in its
Reply such as luppam finishing as mentioned in the DGPA has been provided
by the Respondent Builder, Respondent has provided “few” points for electricity
connection through generator in hall and kitchen as per specifications
mentioned in the DGPA dated 15.12.2018 and as regards intercom facility, the
same is neither mentioned in their respective Sale Deeds or in the DGPA dated
15.12.2018. Therefore, the following order is being passed taking into
consideration, the works and specifications as mentioned in the DGPA dated
15.12.2018 vide Document No.9562/2018:
a. As regards the water connection, the Respondent is directed to obtain
such drinking water connection from the concerned department within
such reasonable period as may be required and provide to the
Complainants.
b. Respondent Builder is directed to provide telephone and TV points in
hall and master bedroom as mentioned in the DGPA within 60 days in
all flats.
c. Exhaust Fan provision has to be provided by the Respondent Builder
within 60 days in all flats.

13.

In lieu of the above-mentioned directions, the present complaint stands

disposed of. Upon the failure of the Respondent Builder to comply with the

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present Order, appropriate action, including imposition of penalty, will be taken
as per provisions under Section 63 of the Act, 2016
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) 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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