Order Complaint No. 94 of 2025

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Complaint No. 94 of 2025
Dated:
Quorum:

16th October 2025

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

Kasturi Krishna Murthy
(H. No. 1-7-58, Revenue Colony,
Subedari, Hanamakonda-506001, Telangana)

…Complainant
Versus
1. M/s. Krithika Infra Developers
Rep. by its Managing Partner, D. Srikanth and D. Shashikanth

(D. No. 314, #rd floor, LPT Market, L.B. Nagar, Ranagreddy Dist. 500070)
2. Sri. D. Srikanth
D. No. 314, #rd floor, LPT Market, L.B. Nagar, Ranagreddy Dist. 500070))

3. Mr D. Shashikanth
(D. No. 314, #rd floor, LPT Market, L.B. Nagar, Ranagreddy Dist. 500070)

…Respondents

The present matter filed by the Complainant herein came up for hearing before this
Authority in the presence of the Complainant in person, and none appeared on behalf of the
Respondents despite service of notice; hence, set ex parte and upon hearing the submissions of
the Complainant, this Authority proceeds to pass the following ORDER:
2.

The present Complaint has been filed by the Complainant under Section 31 of the Real

Estate (Regulation & 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”) seeking appropriate relief(s) against the Respondents.
A. Brief facts of the case:
3.

The Complainant submitted that he is a retired state government employee and has

invested his retirement funds in the Respondent project with the expectation of securing a

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Date

Amount

Mode of payment

Receipt/Voucher No.

1

26.02.2022

Rs. 50,000/-

Online Transfer

687

2

31.03.2022

Rs.2,50,000/-

Online Transfer

749

3

13.04.2022

Rs.10,00,000/-

Online Transfer

7

4

10.05.2022

Rs.10,00,000/-

Online Transfer

42

5

15.05.2022

Rs.4,95,000/-

Online Transfer

44

6

15.05.2022

Rs.10,00,000/-

Cash

45

7

21.05.2023

Rs.. 37,500/-

Online Transfer

49

8

28.03.2023

Rs.1,49,750/-

Online Transfer

345

9

28.02.2023

Rs.1,00,000/-

Online Transfer

346

No.

Total:

Rs. 40,82,250/-

5. The Respondent assured the Complainant that the possession date was on or before
30.06.2024. Despite multiple assurances, the Respondents have failed to commence the
construction, and they have failed to get the requisite approvals, and they have also failed to
get RERA Registration, and they have failed to register the Undivided share of 37 Sq. Yards
since there is no development in the project, the Respondent have requested a refund of the
amount in September 2024; however, his pleas were ignored by the Respondents, and now he
is absconding, evading all communication. and accountability, the Complainant referred to CC.
115 of 2024, dated 30.12.2024, highlighting a similar grievance against the same Respondent
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Due to the actions of the Respondents, the Complainant has caused immense financial

strain, emotional distress and uncertainty, which has drastically impacted his post-retirement
life.
B. Relief(s) Sought:
5.

Accordingly, the Complainant sought the following reliefs:

I. Refund of the principal amount of Rs. 40,85,250/- (forty lakh eighty-five thousand two
hundred fifty rupees only) along with Interest as per the govt norms.
II. Stringent action against M/s. Krithika Infra Developers, as per RERA norms, commenced
the project without obtaining the mandatory RERA registration.
III. Legal and criminal action against M/s. Krithika Infra Developers, its Directors, CEO, and
MD, for non-compliance, misrepresentation, and fraudulent commitments.
IV. Compensation for mental agony and harassment caused due to the severe delay and
fraudulent conduct of the Respondent.
V. Immediate Intervention to locate and take action against the absconding Respondent,
ensuring that my funds are refunded.
C. Points to be determined:
6. Based on the facts and circumstances placed before this Authority, the following questions
arise for adjudication:
I. Whether the Respondents violated Section 3 of the RE(R&D) Act, 2016, by advertising,
marketing, and offering for sale the “Sheshadri’s Silver Oak” project without obtaining
registration with the Authority?
II. Whether the Complainant is entitled to the reliefs sought?

D. Observations of the Authority:
7.

Before further adjudicating on the matter, this Authority takes due note of the repeated

non-compliance by the Respondents, who have failed to appear before this Authority despite
service of multiple notices and affording sufficient opportunities. In view of their continued
absence, the Respondents are hereby set ex parte on 13.06.2025, and the matter is being

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Upon perusal of the available documents submitted by the Complainant, it is evident

that the Respondent promoted and sold residential units in the project titled “Sheshadri’s Silver
Oak” located at Survey No. 215, Boduppal Village, without obtaining registration under
Section 3 of the RE(R&D) Act, 2016. The land in question exceeds the threshold of 500 sq.
meters as specified under Section 3(2)(a) of the RE(R&D) Act, 2016and involves more than
eight units, which mandates registration with the Authority.
9.

In the present matter, the Complainant has submitted a copy of the Agreement of Sale

dated 01.07.2022, which confirms that the Respondent collected a sum of ₹38,32,500/- to sell
a proposed residential flat No. 110, Block- Cash in 1st floor with built up area of 1665 Sq.fts,
inclusive of all common areas, with one car parking area, in Sheshadri’s Silver Oak, along with
undivided share of land admeasuring 37 Sq.Yds. The agreement of sale was entered into prior
to obtaining registration with RERA.
10.

It is pertinent to mention that this Authority has already dealt with similar violations by

the same Respondent in Complaint No. 115 of 2024, which related to this very project. After
a detailed examination of that matter, this Authority passed an order, holding that they had
violated provisions of the RE(R&D)Act 2016. In that said order, it was found that the
Respondent had marketed and sold units without registering the project with this authority, in
contravention of Sections 3 and 4 of the RE(R&D) Act, 2016. Further, the Respondent had also
received advance payments exceeding 10% of the consideration prior to execution of a
registered agreement for sale, thereby violating Section 13(1) of the RE(R&D) Act, 2016.
Consequently, a penalty of ₹9,96,050/- was levied on the Respondent under Sections 59, 60,
and 61 of the RE(R&D) Act, 2016, and the Respondent was directed to register the project
without further delay and to restrain from engaging in any marketing or sale activity until
compliance was ensured.
11.

As this Authority had already adjudicated the matter on similar facts and imposed a

penalty for violation of Section 3. Therefore, the issue of unregistered development by the
Respondent-promoter in the present case stands on an identical footing, and has already been
addressed through the said earlier order.

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Furthermore, this authority has issued Public Notice dated 25.04.2025, cautioning the

public not to enter into any transactions or purchase any plots in the real estate projects
purported to be promoted by M/s Krithika Infra Developers Pvt. Ltd. and M/s Krithika Infra
Developers.
The relevant portion of the said public notice is as follows:
Contrary to the above provision, M/s Krithika Infra Developers Pvt. Ltd. and M/s
Krithika Infra Developers have collected amounts exceeding the prescribed limit from
allottees without executing and registering any written agreement for sale.
It is evident that the said entities have fraudulently collected substantial amounts from
the general public without fulfilling their legal obligations, thereby cheating and
misleading innocent allottees.
In view of the above, the general public is hereby cautioned and strictly advised not
to enter into any transactions or purchase any plots in the real estate projects
purported to be promoted by M/s Krithika Infra Developers Pvt. Ltd. and M/s Krithika
Infra Developers.
13.

Hence, Point I is answered in the affirmative

POINT II
14.

The Authority, upon perusal of the documents placed on record, observes that the

Respondent No.1 has collected a total amount of ₹40,82,250/- from the Complainant towards
the sale consideration and other related charges. However, despite receiving the total sale
consideration, the Respondent No.1 has neither commenced any construction activity in the
said project nor demonstrated any bona fide intention to fulfil its contractual obligations. Such
continued inaction, even after collecting substantial amounts of money from the Complainant,
points to a deliberate and dishonest course of conduct from the Respondents.
15.

In these circumstances, under Section 18(1) of the RE(R&D) Act, 2016, it extends a

clear statutory right to an allottee to seek a refund along with interest where the
promoter/Respondents either fail to complete the project or are unable to hand over possession
within the stipulated timeframe. So, the allottee is entitled to a refund of the amount paid along
with applicable interest. In the present case, the issue is not merely one of delay; it is a case of
complete inaction on the Respondents.

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In light of the above foregoing observations, this Authority notes that the Complainant

is entitled for relief as mentioned in the main complaint under Section 18(1)(a) of the Real
Estate (Regulation and Development) Act, 2016, which reads as follows:
(1) If the promoter fails to complete or is unable to give possession of an apartment,
plot or building,
(a) in accordance with the terms of the agreement for sale or, as the case may be, duly
completed by the date specified therein; or
(b) due to discontinuance of his business as a developer on account of suspension or
revocation of the registration under this Act or for any other reason, he shall be liable
on demand to the allottees, in case the allottee wishes to withdraw from the project,
without prejudice to any other remedy available, to return the amount received by him
in respect of that apartment, plot, building, as the case may be, with interest at such
rate as may be prescribed in this behalf including compensation in the manner as
provided under this Act:
17.

In the present case, the Respondent neither completed the project nor initiated the

mandatory statutory processes required for lawful execution of the project. The continued
failure to commence the construction clearly amounts to a violation of the provisions of the
RE(R&D) Act, 2016.
18.

Accordingly, the Complainant entitled for Refund of the amount paid by her to the

Respondents and also with the interest at the rate prescribed under Rule 15 of the Telangana
Real Estate (Regulation and Development) Rules, 2017, i.e., the State Bank of India’s Marginal
Cost of Lending Rate (MCLR) plus 2% per annum (i.e., 8.75% + 2%), calculated from the
respective date of Agreement of sale until the date of actual refund.
19.

In view of the above findings, this Authority is of the considered that the Complainant

is entitled to the relief sought, refund of the entire sale consideration with interest.
20.

Further, this Authority, in its Order in Complaint No. 86 of 2025 dated 16.10.2025,

declared the Respondent No. 1/Promoter, M/s Krithika Infra Developers, as a “defaulter”
The relevant portion of the said order is as follows:
“27(b)….The Respondent No.1/Promoter is hereby declared a “defaulter”
for continuous and willful violation of the provisions of the RE(R&D) Act,
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Hence, Point II is answered in the affirmative, and the Complainant is entitled to a

refund along with applicable interest.
E. Directions of the Authority:
22.

In exercise of the powers conferred upon this Authority under Sections 37 and 38 of the

Real Estate (Regulation and Development) Act, 2016, and in furtherance of the findings and
conclusions drawn hereinabove, the following directions are hereby issued:
i.

The Respondent No. 1 is hereby directed to refund Rs. 40,82,050/- (Forty Lakh
Eighty-Two Thousand and Fifty only) along with interest at the rate of 10.75%
per annum (SBI MCLR of 8.75% + 2%) from the date of the Agreement of Sale
dated 20.06.2022 till the date of actual refund in accordance with Rule 15 of the
Telangana RE(R&D) Rules, 2017 within 30 (thirty) days from the date receipt of
this Order.

ii.

Failing to comply with the above-said direction by the Respondent shall attract a
penalty in accordance with Section 63 of the RE(R&D) Act, 2016

iii.

With respect to other reliefs, the Complainant has the liberty to approach the
appropriate forums

23.

The complaint stands disposed of in the above terms. There shall be no order as to costs.

Sd/-

Sd/-

Sd/-

Sri K. Srinivasa Rao,
Hon'ble Member,
TG RERA

Sri Laxmi Narayana Jannu,
Hon'ble Member,
TG RERA

Dr. N. Satyanarayana, IAS (Retd.),
Hon'ble Chairperson,
TG RERA

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