Order Complaint No. 684 of 2023

BEFORE THE
TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY,
HYDERABAD
Date of decision:13.09.2023
1. COMPLAINT NO.639/2023/TSRERA
…. Complainant

Sri.K.Munichandra
Versus

…. Respondents

M/s Jayathri Infrastructure

2. COMPLAINT NO.661/2023/TSRERA
…. Complainant

Sri Manikyam Alla
Versus

…. Respondents

M/s Jayathri Infrastructure

3. COMPLAINT NO.685/2023/TSRERA
…. Complainant

Smt.K.V.Veena
Versus

…. Respondents

M/s Jayathri Infrastructure

4. COMPLAINT NO.684/2023/TSRERA
…. Complainant

Smt.Sujana Kaluva
Versus

…. Respondents

M/s Jayathri Infrastructure

5. COMPLAINT NO.703/2023/TSRERA
…. Complainant

Sri Nagababu Doredla
Versus
M/s Jayathri Infrastructure

…. Respondents

6. COMPLAINT NO.702/2023/TSRERA
Sri B Koti Reddy

…. Complainant

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Versus
…. Respondents

M/s Jayathri Infrastructure

7. COMPLAINT NO.698/2023/TSRERA
…. Complainant

Sri Ch.Ramu
Versus

…. Respondents

M/s Jayathri Infrastructure

8. COMPLAINT NO.698/2023/TSRERA
…. Complainant

Sri N Bhaskara Satya Prasad
Versus

…. Respondents

M/s Jayathri Infrastructure

9. COMPLAINT NO.699/2023/TSRERA
…. Complainant

Sri P Bhaskar
Versus

…. Respondents

M/s Jayathri Infrastructure
10.

COMPLAINT NO.700/2023/TSRERA
…. Complainant

Sri K Rama Reddy
Versus

…. Respondents

M/s Jayathri Infrastructure
11.

COMPLAINT NO.696/2023/TSRERA
…. Complainant

Sri J Naveen Prasad
Versus

…. Respondents

M/s Jayathri Infrastructure
12.

COMPLAINT NO.697/2023/TSRERA
…. Complainant

Sri Methuku Shekar
Versus
M/s Jayathri Infrastructure
13.
Sri G Hemanthu

…. Respondents

COMPLAINT NO.693/2023/TSRERA
…. Complainant
2 of 10

Versus
…. Respondents

M/s Jayathri Infrastructure
14.

COMPLAINT NO.819/2023/TSRERA
…. Complainant

Sri J Venu Prasad
Versus

…. Respondents

M/s Jayathri Infrastructure
15.

COMPLAINT NO.818/2023/TSRERA
…. Complainant

Smt.Kandimalla Naveena
Versus

…. Respondents

M/s Jayathri Infrastructure
16.

COMPLAINT NO.691/2023/TSRERA
…. Complainant

Smt.Eggada Supriya
Versus

…. Respondents

M/s Jayathri Infrastructure
17.

COMPLAINT NO.692/2023/TSRERA
…. Complainant

Sri T Venkata Prasad
Versus

…. Respondents

M/s Jayathri Infrastructure
18.

COMPLAINT NO.810/2023/TSRERA
…. Complainant

Sri M.P.V.S Naidu
Versus

…. Respondents

M/s Jayathri Infrastructure
19.

COMPLAINT NO.809/2023/TSRERA
…. Complainant

Smt K Prathyusha
Versus
M/s Jayathri Infrastructure

20.

…. Respondents

COMPLAINT NO.894/2023/TSRERA
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…. Complainant

Sri S.Venkateshwar
Versus

…. Respondents

M/s Jayathri Infrastructure
21.

COMPLAINT NO.864/2023/TSRERA
…. Complainant

Sri V Ramaro
Versus

…. Respondents

M/s Jayathri Infrastructure
22.

COMPLAINT NO.971/2023/TSRERA
…. Complainant

Smt. Seema
Versus

…. Respondents

M/s Jayathri Infrastructure
23.

COMPLAINT NO.972/2023/TSRERA
…. Complainant

Smt. Raja Rajeshwari
Versus

…. Respondents

M/s Jayathri Infrastructure
24.

COMPLAINT NO.986/2023/TSRERA
…. Complainant

Sri Penthala Raju
Versus
M/s Jayathri Infrastructure

Quorum:

…. Respondents

Dr.N.Satyanarayana, Hon’ble Chairperson
Sri. K. Srinivas Rao, , Hon’ble Member
Sri. Laxmi Naryana Jannu, Hon’ble Member

Appearance:

Complainant: Present in person
Respondent: rep by its Counsel Sri Ramambika

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INTERIM ORDER
This Interim order shall be applicable to all 24 complaints filed under
Form M, section 31 of the Real Estate (Regulation and Development) Act,
2016 ("the Act"), read with rule 34(1) of the Telangana Real Estate
(Regulation and Development) Rules, 2017 ("the Rules"). These complaints
allege violation or contravention of the Act of 2016 or the Rules and
Regulations made thereunder. The Act prescribes that the Promoter shall
fulfill all obligations, responsibilities, and functions towards the allottee as
per the agreed terms.
2.

Captioned complaints are grouped together for hearing as they involve

the same issues pertaining to the same project and the same respondent,
M/s Jayathri Infrastructures – project "Jaya Diamond." The terms and
conditions of the builder-buyer Memorandum of Understanding, entered
into between the parties, are also similar
A. Project Related Details
3.

The particulars of the Project are detailed in the following table:
sr.no Particulars

Details

1.

Name of the Project

Jaya Diamond

2.

Nature of the Project

Residential

3.

Name of the Promoter

M/s

Jayathri

Infrastructure
4.

Promoter represented by

Sri

Srinivas

Kakarla
5.

RERA registered/Not/Registered

Reg:P02200004769

B. Facts of the Case as stated in the Complainants filed by the
Complainants
4.

Pursuant to complaints filed by multiple complainants before the

Telangana State Real Estate Regulatory Authority (TSRERA) against M/s
Jayathri Infrastructures (hereinafter referred to as "the Respondent"),

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alleging non-initiation of construction and non-refund of amounts paid by
the Complainants.
5.

According to the Complainants, they came in contact with the

Respondent Company, represented by its Managing Director Sri Srinivas
Kakarla, recommended by many other directors of the company. Trusting
the words of the directors and seeing the RERA registration, the
complainants made advances to the Respondent, believing that construction
of the project would begin soon.
6.

The Complainants further alleged that MOUs were executed between

the parties in 2022, wherein the Respondent agreed to construct the Gated
community named "Jaya Diamond" on or before June 2023.
7.

The Complainants submitted that it has been more than a year, and

construction has come to a halt just at its base level.
C. Interim Relief Sought(s)
8.

The Complaints have sought the following relief:
That the flats purchased by the complainants be granted a stay,

prohibiting the Respondent from registering the allotted plots to third
parties until the Respondent either refunds their paid amount or completes
the

Construction,

following

the

terms

of

the

Memorandum

of

Understanding/Agreement of Sale/Sale Deeds.
D. Reply filed by the Respondent
9.

The M/s. Jayathri Infrastructures India Pvt. Ltd., owner of the land

measuring a total extent of 3,787.43 sq. yards, in survey no. 143/P, situated
at Bachupally Village and Mandal, under Nizampet 10.

Municipality,

Medchal – Malkajgiri District, claims to have purchased it from AGPA Holder
M/s Shiva Sai Constructions via sale deed document no. 12502/2022,
dated 25.04.2022, registered at SRO, Qutbullapur.

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11.

They have handed over the said project for development purposes and

entered a Contract Agreement with Sri M. Mohan Rao for the entire project.
Unfortunately, he quit the project before the agreed time.
12.

The Respondent has paid around 45 lakhs as an advance, but as

there has been no progress due to the contractor quitting, they claim to have
spent around 2,50,00,000/- on the project till date.
13.

Due to ongoing criminal charges against the Respondent Company,

they faced financial losses. They also claim that there are existing customers
who have filed civil cases, creating nuisance and provoking other customers.
14.

Hence, the Respondent has decided to take over the project's

construction and will complete it without delay. At present, due to the
intimation of the Local Nizampet municipal authority to stop the cellar work
due to the monsoon season, there has been a halt. Therefore, they request
the Authority to provide some time to complete the project without any
interruption.
E. Hearing Conducted
15.

Summons dated 20.07.2023 were served to the parties to appear on

03.08.2023, and subsequently on 22.08.2023, 08.09.2023, and 13.09.2023,
the matter was listed before the Hon’ble Authority for hearing. All the
complainants were present, and the respondent was represented by its
Counsel Sri Ramambika.
16.

On the said dates, the Complainants reiterated the contentions raised

in the complaints and sought time to file additional documents. The
complainants sought interim relief to restrain the Respondent from selling
or registering certain flats with whom they had entered into Memorandums
of Understanding (MOUs). These 24 flats are specifically identified in the
MOUs.
F. Observation of the Authority
17.

Upon consideration of the evidence presented to this Authority,

including Memoranda of Understanding (MOUs) and recent photographic
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images of the aforementioned project, it becomes evident that the
Respondent has failed to fulfill their commitment as per the clause in the
MOUs, which assured the complainants that the Respondent would enter
into a registered Sale agreement and hand over the flats to the complainants
in a timely manner. This failure on the part of the promoter necessitates the
issuance of an interim order in the present matter.
G. Directions of the Authority
18.

In accordance with the powers vested in the Authority under Section

36 of the Real Estate (Regulation and Development) Act, 2016, and
considering the prima facie merits of the complaints and the request for
interim relief, the Authority hereby issues the following interim order:
I.

The Respondent, M/s. Jayathri Infrastructures, represented by its
Managing Director, Mr. Kakarle Srinivas, is directed to immediately
cease from selling or registering to any third party until further
Orders, the following flats with which MOUs have been entered:

S.no Name

Date
filing

of Complaint.
No

MOU
no/000000000
serial no.

Flat
No.

413

1.

Sri.K.Munichandra 28.07.2023 639/2023

2370/AN044673

2.

Sri.Manikyam Alla

02.08.2023 661/2023

12481/AN422155 G8

3.

Smt.K.V.Veena

04.08.2023 685/2023

2377/AN044680

4.

Sujana Kaluva

04.08.2023 684/2023

15718/AN927457 207

5.

Sri.Nagababu

05.08.2023 703/2023

2964/AN 044993

101

306

Doredla
6.

Sri.B.Koti Reddy

05.08.2023 702/2023

AP6709/2334

401

7.

Sri.Ch.Ramu

05.08.2023 701/2023

AM711595/1466

314

8.

Sri.N.Bhaskara

05.08.2023 698/2023

AE049502/7401

507

Satya Prasad
9.

Sri.P.Bhaskar

05.08.2023 699/2023

AK409192/3234

511

10.

Sri.K.Rama Reddy

05.08.2023 700/2023

2335/AN670497

313

11.

Sri.J.Naveen

05.08.2023 696/2023

AN044679/2376

403

Prasad

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12.

Sri.Methuku

05.08.2023 697/2023

AM499427/4846

213
504

Shekhar
13.

Sri.G.Hemanthu

05.08.2023 693/2023

AM499453/4872

14.

Sri.J.Venu Prasad

05.08.2023 819/2023

AN927686/16057 102

15.

Smt.Kandimalla

05.08.2023 818/2023

AN927391/15652 301

Naveena
16.

Eggada Supriya

05.08.2023 691/2023

AN927701/16072 112

17.

Sri.T.Venkata

05.08.2023 692/2023

AP670498/2336

302

Prasad
18.

MPVS Naidu

16.08.2023 810/2023

AN927461/15722 205

19.

K.Prathyusha

16.08.2023 809/2023

AP671960/1329

411

20.

S.Venkateshwar

18.08.2023 894/2023

2967/AN 044996

501

21.

V.Ramarao

23.08.2023 864/2023

AK362509/6396

209

22.

seema

02.09.2023 971/2023

AN 429419

G11

23.

Raja Rajeshwari

02.09.2023 972/2023

AN927704/16075 309

24.

Penthala Raju

02.09.2023 986/2023

AN927699/16070 106

II.

The aforementioned 24 flats, as specified in the MOUs with the
respective allottees, are hereby restrained from being sold or
registered to any third party until further notice or the issuance of
the final order by this Authority.

III.

The Respondent is further directed to initiate the process of
registering the agreements of sale, which have already been made
through MOUs from dated 28.07.2023 to 02.09.2023 with the
allottees for the aforementioned 24 flats, without any delay, following
the terms and conditions agreed upon in the MOUs.

IV.

This interim order shall remain in force until the issuance of the
final order by this Authority or until further modifications or
directions are given by this Authority.

V.

The Respondent is hereby notified to comply with this order
forthwith. Failure to comply with this order may result in further
legal actions and penalties as per the provisions of the RERA Act.
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VI.

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 receipt of this Order.

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

Sd/Sri. Laxmi NaryanaJannu, Hon’ble Member
TS RERA

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

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