Order Complaint No. 981 of 2023

EFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Dated: 14th November 2025
Coram:

Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member
Complaint No. 981/2023

1. Sri Chenreddy Srinivas Reddy
(R/o Villa no. 174, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
2. Smt. Billa Bhagyalaxmi
(R/o Villa no. 04, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
3. Sri P.S.Mohendra
(R/o Villa no. 166, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
4. Smt B Indira
(R/o Villa no. 12, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
5. Sri K Chandrapal Reddy
(R/o Villa no. 08, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
6. Smt. H.Anuradha
(R/o Villa no. 135, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
7. Sri Nardas Sandeep Kumar
(R/o Villa no. 153, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
8. Sri Palwai Randheer Reddy
(R/o Villa no. 188, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
9. Sri N Seetharam Reddy
(R/o Villa no. 168, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
10. Sri Kunduru Srikanth Reddy
(R/o Villa no186, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)
11. Sri Naga Srinivas
(R/o Villa no. 178, Golden Leaves Villas, Fatullaguda, Nagole, Hyderabad – 500068)

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2. Smt. M Girija Reddy
(R/o H.no.412, Road no.22, Jubilee Hills, Hyderabad - 500033)

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19. M/s Golden Leaves Villa Owners Mutually Aided Co-operative Maintenance Society
Limited
(rep by Chairman/Secretary Sri Sai Srinivas, Office at club house, Golden Leaves, Sahadev
Singh Nagar, Jaipuri Colony, Fatullahguda, Near Nagole, Fatullahguda(V), Uppal(m),
Medchal-Malkajgiri District, Telangana - 500068)
…Respondents
Complaint No. 1901/2023
M/s Golden Leaves Villa Owners Mutually Aided Co-operative Maintenance Society Limited
(rep by Chairman/Secretary Sri Sai Srinivas, Office at club house, Golden Leaves, Sahadev
Singh Nagar, Jaipuri Colony, Fatullahguda, Near Nagole, Fatullahguda(V), Uppal(m),
Medchal-Malkajgiri District, Telangana - 500068)
…Complainant
Versus
M/s. Devis Homes Private Limited
(Rep by its Managing Director Smt. M.Girija Reddy R/o H.No.3-4-529-1/1, Lingampally, Street no.1,
Naryanaguda, Hyderabad, Telangana- 500027),

…Respondent

The present matters filed by the Complainants came up for hearing before this Authority
in the presence of Sri Narender Reddy, learned counsel for the Complainants in Complaint No.
981/2023; Sri L. Ravi Kumar and Sri S. Ajay Kumar, learned counsel for the Complainant in
Complaint No. 1901/2023 and for Respondent No. 18 in Complaint No. 1901/2023; and Sri M.
Purushothama Charyulu, learned counsel appearing for Respondents No. 1 and 2 in the captioned
complaints. However, Respondents No. 3 to 18 in Complaint No. 981/2023, despite due service
of notice, failed to:

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The present Complaints have been filed by the Complainants under Section 31 of the Real

Estate (Regulation & 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 “TG RE(R&D) Rules”) seeking appropriate relief(s) against the
Respondents. As the issues raised in both complaints are substantially similar and arise out of
the same project and developer entity, the matters were clubbed and heard together for the
purposes of adjudication. The Authority hereby passes the following COMMON ORDER:

A. Brief facts of the Complainants’ Case (Complaint No. 981/2023):
3.

The Complainants submit that they are purchasers and occupants of various villas in the

project known as “Golden Leaves Villas” situated at Sri Sahadev Singh Nagar, Fathullaguda,
Nagole, Uppal Mandal, Medchal–Malkajgiri District. They state that the project was developed
by Respondent No.1, M/s Devis Homes Pvt. Ltd. (represented by Respondent No.2), under a
Registered Development Agreement-cum-Irrevocable GPA dated 29.11.2017 executed with
Respondents 3 to 18 (landowners). Pursuant to the said agreement, Respondent No.1 obtained
the requisite permissions from GHMC and secured project registration from this Authority under
Registration No. P02200000428.
4.

The Complainants further submit that, as per the registered Development Agreement -

cum - G.P.A., Agreement of sales & the respective registered sale deeds in favour of the
complainants, there is a specific recital that the Developer i.e., Respondent No.1, after completion
of the project in all aspects, has to form a society with the villa owners / purchasers and get it
registered under appropriate law in force and shall maintain the common amenities for 2 years
as per clause 13 of the registered sale deeds of complainants and in particular the Complainant
No.1. Since the Respondent No.1 being the developer failed to form the society and get it
registered and also failed to provide and maintain the common amenities as agreed, the occupants
of the Villa Community have themselves formed the society and got it registered under Telangana
Mutually Aided Co- Operative Societies Act, 1995 under the name and style of "Golden Leaves
Villa Owners Mutually Aided Co-Operative Maintenance Society (GLVOMACMS)" vide
registration No.TS/MLKG/MACS/2022-44/FOW & M in the month of August 2022 with
specific bye-laws and subsequently elections were held for the said society on 16-10-2022 as per
the bye-laws and elected 18 members as Directors of the Respondent No.19 (society).

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The Complainants further submit that, prior to registration of the society, since the

Respondent No.1& 2 were delaying to provide common amenities, an ad-hoc body was formed
under the president ship of Mr. Janardhan Reddy (Villa No.84) to co-ordinate with the
Respondent No.1 & 2 in getting the pending amenities provided and pending works completed
at an earliest, but the ad-hoc body too failed to get the works done by Respondent No.1 & 2 who
did not complete most of the common amenities even now, besides the Respondent No.1 & 2 got
the partly completed common amenities maintained through the ad-hoc body and the said ad-hoc
body by ignoring their responsibility and in connivance with the Respondent No.1 & 2
maintained the partly completed common amenities without any authority or consent of the
occupants who formed the ad-hoc body, and to avoid all these disturbances/discrepancies, the
occupants themselves formed the society and got it registered. It is the obligation of the
Respondent No.1 & 2 to maintain the society till the society is registered and handover the project
to the society as such the Respondent No.1 & 2 got maintained the society through Ad-hoc body
and after registration of society, it is the duty and responsibility of Respondent No.1 & 2 to
deposit an amount of Rs.2,32,00,000/- as Corpus Fund collected from the villa owners @
Rs.1,00,000/- each into the account of the society either individually or in consultation with the
Respondents 3 to 18 but not deposited the same so far, besides the Respondent No.1 & 2 are
claiming the amount spent for maintenance during the tenure of Ad-hoc body, and the duly
elected Board of Directors of the Respondent No.19 who are in hand in glove with the
Respondent No.1 & 2, are collecting the maintenance from January 2022 @ Rs.12,00,000/- per
month even though the Society was registered in the month of August 2022 and the Governing
Body was elected in the month of October 2022, and kept an amount of Rs.51.00 lakhs equivalent
to the amount said to have been spent by Respondents 1 & 2 in Fixed Deposit as corpus fund
with Canara Bank, Bandlaguda branch, from out of the maintenance amount collected from
January 2022 without any authority just to facilitate the Respondent No.1 & 2 to deposit the
balance of corpus fund which act of the Respondent No.19 is unlawful and against the
cooperative principles.
6.

The Complainant further submit that, the elected directors of Respondent No.19 have to

act in the interest of the society as per bye-laws, but they too in collusion with Respondent No.1
& 2 are taking hasty decisions and collecting the maintenance charges from January 2022
ignoring the development agreement, registered sale deeds of the Complainants and the bye-laws,
wherein, it is specifically mentioned that the members shall contribute the maintenance amount
from the date of registration of the society. Moreover the elected Directors being the
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The complainant further submits that the directors of the respondent no.19 have been

elected by the due process of law ad its almost 10 months have been lapsed so, far no steps have
been taken to get the corpus fund deposited into the account of the society by the Respondent
No.1 & 2 who is the builder, Respondents 3 to18 who are the land-lords jointly and severally and
the society is losing the amount by way of interest around about Rs.1.5 lakhs per month, for
which there is no explanation as to what steps have been taken by the executive body against
Respondent No.1 & 2 the builder, Respondents 3 to 18 the land lords, besides claiming that an
amount of Rs.51lakhs have been kept in fixed deposit towards corpus fund from out of the
maintenance amount collected from the members of the society which is not correct and it is the
Respondent No.1 & 2 to deposit from its account to the society account and the act of the directors
of Respondent No.19 is purely hand in glove with the Respondent No.1 & 2 which is causing
loss to the society. It is further submitted that, the directors of Respondent No.19 without any
authority or approval of the general body are eager to collect the maintenance charges from
January 2022 ignoring that the society is being registered in the month of August 2022 and the
18 directors of Respondents No.19 have been elected by due process of law in the month of
October 2022 and it is utter failure on the part of the elected directors of Respondent No.19 in
addressing the problems of the society members, hence the complainants forced to file the present
complaint.
8.

The Complainants further submit that, the society is facing lot of problems with street

dogs, and monkeys due to failure of common solar fencing over the common compound wall. At
no point of time the solar fencing did work properly from the date of installation which will be
under warranty, but neither the Respondent No.1& 2 nor the Respondent No.19 did not bother to
get it rectified under warranty, besides spent amount from the funds of the society to get it
functional without the approval of general body, but even then, the solar fencing is not functional
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The Complainants further submit that, the Complainants and other members of the society

have invested huge amounts for purchasing their respective Villas and got the interiors therein
and a bad experience is in the year 2020, when the substandard west side compound wall
collapsed due to rain and heavy water flooded into the villas causing heavy loss to moveable
properties of some of the members. Since then, the members are demanding for construction of
RCC structured compound wall on the west and southern side because the threat persists on every
monsoon and after much persuasion, the Respondent No.1 & 2 had constructed RCC structured
compound wall in part on the Western side and ignored the construction of RCC constructed
compound wall on the southern side and the Respondent No.19 is under obligation to take steps
against the Respondent No.1 & 2, but not showing any interest which they are showing on
collection of maintenance amount. If anything happens in near future due to substandard
compound wall on southern side, there is every threat of loss to the property of the members
including some of the Complainants which is to be taken care by Respondent No.1 & 2 by
constructing RCC compound wall on southern side of the community.
10.

The Complainants further submit that, the Respondent No.1 has issued a Brochure while

commencing the project wherein they offered to give amenities like A.C. guest rooms, A.C.
gymnasium, library, yoga and meditation, volleyball court, badminton court, association office,
children/s play area, super market, banquet hall, swimming pool and Spa, party lawns, Jacuzzi &
sauna and Doctor consultant and collected Rs.6,00,000/- from each member towards amenities.
Out of the amenities specified in the brochure, the Respondent No.1& 2 have not provided library,
yoga and meditation centre, volleyball court, badminton court, association office, proper
swimming pool and Spa, party lawns, Jacuzzi & sauna, Doctor Consultantion room. Prior to
formation of the society, the complainants along with the other members of the society have
asked the Respondent No.1& 2 to complete all the amenities but with a deaf ear the Respondent
No.1 did not come forward to complete the pending amenities besides the Respondent No.1 said
that they have got time till March, 2024 as per RERA. After the society came to existence, the
complainants and other members have asked the Respondent No.19 and its directors to get the
pending amenities done by Respondent No.1& 2 but the Respondent No.19 society who are in
hand in glove with Respondent No.1& 2 are not taking any steps to get the pending amenities
provided with which the residents of the society are not in a position to enjoy the amenities even
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The complainants further submit that, Respondent No.1 & 2 being the builder/developer,

Respondents 3 to 18 being the landlords have collected Rs.1,00,000/- each from 232 villa owners
towards corpus fund contribution and the total amount of Rs.2,32,00,000/- is to be deposited to
the account of the society soon after its formation. The Respondent No.19 society was registered
in the month of August, 2022 and a regular governing body is being elected in the month of
October, 2022 and to the knowledge of the complainants, the Respondent No.1 & 2 paid
Rs.40,00,000/- only towards corpus fund and neither Respondent No.1& 2 nor the Respondents
3 to 18 did not bother to pay Rs.1,92,00,000/- corpus fund to the society, and the Respondent
No.19 society is least bothered to get the corpus fund deposited by Respondent No.1& 2,
Respondents 3 to 18 thereby the Respondent No.19 society is losing Rs.1,50,000/- per month
towards interest over the fixed deposit of the corpus fund which would have made. It is fact that,
in the month of November 2022 there was joint meeting of the representative of Respondents 1
& 2 Sri.M.Jagan Mohan Reddy and Respondent No. 9 who is one of the land lords and
representative of other land lords with Boards of Directors of the society, in which both the
representative of Respondents 1 & 2 Sri.M.Jagan Mohan Reddy and Respondent No. 9 agreed
and acknowledged to pay the corpus fund fully by 31st December 2022 but failed to do so as on
today and the Respondent No.19 also failed to get it done.
12.

The Complainants further submit that, the Respondent No.1, has provided a 3-00 lakh

liter capacity underground water sump for bore water for 24/7 water supply and a 1-00 lakh liter
capacity underground water sump for municipal water supply as per feasibility in the community,
but the directors of Respondent No.19 unilaterally and without taking the issue to the general
body, stalled the 24/7 bore water supply and giving the municipal water for 3 hours in the morning
and 1 or 2 hours in the evening and even after questioning by residents of the community, the
directors of Respondent No.19 are very callus and reluctant to resolve the issue. The system of
water supply is worst and even the slums are far better than the villa community where the
members have purchased the villas by spending huge amounts. As per the version of the
Respondent No. 19, the complainants came to know that the water pipe line for supply of Bore
water alone is in order and municipal water pipe line is not in order as such municipal water is
being released in the pipe line of bore water and the 24/7 bore water could not be released. In
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The complainants further submit that, the Respondent No.1 had built the Swimming Pool

in an area left as open space in the sanction plan as per municipal norms which is other than the
area specified in the brochure and there is no drain channel around the pool with which the over
flow water from the pool and the spitting of the swimmers is flowing into the pool which is not
hygienic. This issue was taken to Respondent No.1& 2 but they are of deaf ear.
14.

The complainants further submit that, there is an area earmarked as Amenities II in the

approved layout which is to be used to provide promised amenities by Respondent No.1& 2, but
the Respondents 1 to 18 are claiming Amenities II area as their own property. The Amenities II
area is part and parcel of the gated community as per the municipal sanctioned lay out, and the
Respondent No.1 and Respondents 3 to 18 have collected Rs.6,00,000/- from each of their
respective buyers and the Respondents 1 to 18 in collusion with each other are now trying to
knock away the Amenities II area wherein the pending amenities are to be provided in this area.
15.

The complainants further submit that, in this connection, the Complainant No.1 had got

issued a legal notice dated 13-02-2023 to Respondent No.1, 8, 9, 19 & its directors, but none of
them responded except Respondent No.1 who got issued a reply notice dated 13-03-2023 denying
the claim of the Complainant No.1 to evade its liability, while admitting that Respondent No.1
maintained the society till October 2022 and then handed over the project to Respondent No.19.
This admission of Respondent No.1 clearly shows that they maintained the society till Oct. 2022,
but the directors of Respondent No.19 are high handedly collecting the maintenance from January
2022 with the only intention to misuse the funds against the objectives of the society, without
any budget proposals and approvals of general body and the members like the Complainants who
have not heeded the illegal demand of the directors of Respondent No.19, are being humiliated
by terming as Defaulters, Parasites, etc.,
16.

The complainants further submit that, since the Respondent No.19 is not taking any steps

against the builder i.e., Respondent No.1 & 2 and the landlords i.e., Respondents 3 to 18 and the
executive committee of Respondent No.19 is in hand in glove of the Respondent No.1 & 2 as
explained in the above paras, as such the complainants in the interest of society and its members
filed the present complaint.
B. Relief(s) sought by the complainants of 981/2023:

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The Complainants pray for the following reliefs:
a. To direct the Respondent No.1& 2 being the builder/developer, Respondents 3 to 18 being
the land lords jointly and severally to provide pending amenities like library, yoga and
meditation, volleyball court, badminton court, association office, proper swimming pool
and Spa, party lawns, Jacuzzi & sauna, Doctor consultantion room and in default to
reimburse Rs.3 crores towards the cost of pending amenities.
b. To direct the Respondent No.1& 2 being the builder/developer, Respondents 3 to 18 being
the land lords jointly and severally to deposit balance amount of Rs.1,92,00,000/- into the
account of the Respondent No.19 society towards corpus fund.
c. To direct the Respondent No.1 & 2 being the builder/developer, Respondents 3 to 18
being the land lords jointly and severally to get the solar fencing over the comron
compound wall of the community functional to restrict/control the menace of Dogs and
Monkeys
d. To direct the Respondent No.1& 2 being the builder/developer, Respondents 3 to 18 being
the land lords jointly and severally to re built the southern side common compound wall
with RCC structure to avoid predicted threat of collapse due to rains.
e. To direct the Respondent No.1& 2 being the builder/developer, Respondents 3 to 18 being
the land lords jointly and severally to bring the water supply pipe lines into order and so
that 24/7 water supply is restored.
f. To declare the Amenities II area earmarked in the sanctioned lay out within the
community belongs to the society.

C. Brief of facts submitted by the Complainant 1901/2023:
18.

The Complainant submits that it is a society registered under the provisions of the

Telangana Mutually Aided Co-Operative Societies Act, 1995 with Registration No.
TS/MLKG/MACS/2022-44/FOW & M in RS.No.3601339-1341, with the Registrar of the
Mutually Aided Co-operative Societies, Medchal-Malkajgiri District. The Society has been
formed by the owners of the Villas under the name and style of "GOLDEN LEAVES VILLAS"
as a gated community and the said gated community comprising of 232 Villas of different sizes
and designs is situated on "All that the land in Sy.No.18 Part, 19, 20, 21, 22, 23 Part and 24,
admeasuring to an extent of Ac.20-03 guntas, situated at Sri Sahadev Singh Nagar, Fathullaguda
Village, Nagole, Uppal Mandal of Medchal-Malkajgiri District of Telangana., The Society
consists of registered Villa Owners as its members. The Society has framed its Bye-laws and
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The Complainant respectfully submits that its members viz., 232 in number are the

registered Villa Owners of the villas in "GOLDEN LEAVES VILLAS" as stated above and the
said. community is developed by the Respondent under a Registered Development Agreement
Cum Irrevocable General Power of Attorney (herein after called as the DAIGPA) executed by
the Land Lords viz., Sri. Santosh Kumar Singh and 17 others on one side and the Respondent
Viz., M/s Devis Homes Private Limited, rep by their Managing Director Smt. M.Girija Reddy,
being the Promoter/Developer on the other side. The terms and conditions of the said DAIGPA
binds the roles and responsibilities of the Land lords and the Developer, the Respondent herein.
20.

The Complainant submits that the Respondent has informed them that they have

registered the above said project under the DAIGPA states supra, with this Hon'ble Authority
under Section 4 of the Real Estate (Regulation and Development) Act, 2016, P02200000428.
While registering the project with this Authority vide under the Act, it is presumed that he had
submitted all the necessary particulars as prescribed under Section 4 of the RERA.
21.

The Complainant most respectfully submits that the Respondent had circulated a

brochure, however claiming that the same is not a legal offering, containing the overall
specifications of the project. A copy of the said brochure is filed as Document No.4 and the
contents of the same may be read as part and parcel of this Complaint. The apportionment of the
Villas as per the agreed ratio between the Landlords and the Promoter/Developer is also recorded
in the DAIGPA. As per the said document, and as per the agreed ratios', the Respondent was
allotted 132 Villas to their share (and 3 villas gone under road widening) and the rest of the 100
Villas were apportioned between the Land Lords as per their respective share in the land owned
by them. The Common areas and the amenities of the entire project were to ultimately vest in the
Society that would be formed with the owners of the respective villas. Similarly, the
Promoter/Developer is bound to complete the entire project as promised in the DAIGPA,
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The Complainant submits that the Promoter/Developer had obtained Building Permit

Order in File No.47553/26/10/2015/HO and Permit No.53438/HO/EZ/Cir-03/2016 dated 21-022018 and the same are filed along with the sanctioned Plan of the entire project viz., "GOLDEN
LEAVES VILLAS". The Contents of the said documents may be read as part and parcel of the
complaint to enable the details as to the permits and plans sanctioned and if a comparative study
made on the physical ground, it would enable the Authority to assess the deviations and shortfalls
made/committed and deliberately avoided by the Promoter/Developer. The Copies of one the list
of the owners of Villas are filed herewith as Documents of the registered Sale Deed, the
Occupancy Certificates (3 No's) and No.7, 8 and 9 and the contents of the same may be treated
as part and parcel of this Complaint for better appreciation of the facts in the right perspective.
23.

The Complainant submits that the Promoter/Developer has cajoled each of the

prospective buyers (now owners of the Villas) into buying the Villas and has failed to abide by
the promises made thereafter and has in a way abandoned the project "GOLDEN LEAVES
VILLAS" without completing the same in many aspects and has in fact also failed to deposit the
entire Corpus Fund (Rs.132 lakhs or Rs.1.32 Crores) collected from the owners of the Villas that
fell to their share and sold by them. He claims to have repaid the same in its entirety to the Society,
while the same is disputed by the Society. The dispute with respect to the shortfalls in
providing/completing the amenities and other facilities and the shortfalls in the payment of the
Respondents' share corpus fund collected from the owners of Villas sold by them etc., would be
explained in a little more detail in the coming up paragraphs.
24.

The Complainant submits that as per the DAIGPA, the Agreements of Sale followed by

the Sale Deeds of the respective owners, it would come to the fore that the Promoter/Developer
has to form a Society of the owners under an appropriate law after the completion of the project
in its entirety and shall maintain the common amenities till the formation of such an
Association/Society. The fact that the Promoter/Developer failed to form a society ipso facto
shows that they had abandoned the project in ways more than one. Since the project was getting
delayed abnormally, an Ad-hoc Committee of the owners was formed by the villas owners to take
care of various issues with the builder viz., maintenance of the society, collection of the
Promoter/Developer as well as the Land lords, completion of the corpus fund- both from the
project fully and co-ordination with the Promoter/Developer etc., The Promoter/Developer had
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The Complainant submits that a perusal of the documents filed would bring to the fore

that it was the duty imposed on the Promoter/Developer to maintain the entire project till a society
was formed. In the case on hand, as stated supra, the Promoter/Developer, for the best reasons
known to them, did not get an Association/Society formed. maintaining the project in all ways is
on the Promoter/Developer. Therefore, the onus of Due to the noncompliance of the terms and
conditions of sale by the Promoter/Developer and to save the project from further troubles, the
owners of the villas have formed a Society and got it registered under the Telangana Mutually
Aided Cooperative Societies Act, 1995 as stated above and elections to the said Society were
held on 16-10-2022 and 18 directors were elected to manage the affairs of the Society with a
governing body consisting of the Chairman, Vice-Chairman, Secretary, Joint-Secretary and
Treasurer. In the above backdrop of events that were informed to the Promoter/Developer and
which fact is well known to him, he ought to have completed the pending works and deposited
all the Corpus Fund into the Society's Account. They miserably failed to do so. One Sri. M. Jagan
Mohan Reddy, the director of the Respondent was taking care of the entire issues along with their
Mg. Director and they both were involved in the day to day affairs of the Respondent. As stated
above, the Promoter/Developer was liable to maintain the project from January 2022 to October
2022 since the Society had its elections and had directors and governing body from October 2022.
The Promoter/Developer had paid a sum of Rs.51 lakhs and odd during the above period and
they claim that it is part of the Corpus Fund monies. However, the Complainant submits that
several owners have disputed that the said amount is and should be a part of the maintenance
charges/cost of the entire project for the period January 2022 to October 2022.
26.

The Complainant respectfully submits that the Landlords are yet to deposit their share of

the Corpus Fund Collected by them from their share of Villas sold to several purchasers and the
Complainant is losing interest on that amounts also. The Complainant reserves their right to and
are in fact initiating steps against the Landlords under appropriate law for recovery of the same.
The Complainant respectfully submits that the Promoter/Developer has not completed the
following works in complete form/not at all commenced some of the following works and they
are liable to complete the same. The following are the works due to be completed by the
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Description of the pending works

1.

Two Indoor Shuttle Badminton
Courts
Swimming Pool

2.

Registration of the club house and
other common amenities in favour
of the society
Corpus Fund
Balanace/Maintenance Charges

3.

4.

To be completed

To be commenced
and completed
To start and complete

Incomplete and has
to be completed in
a;; respected and
has been
constructed on
public park area
-

-

-

Rs. 5.1 Lakh with
interest from
January 2022 to be
repaid to the
Society
-

5.

Intercom Facility to every Villa

6.

Child play areas

7.

Area reserved for Amenities

8.

Library

-

9.

Volley Ball Court

-

Spa
Party Lawns
Jacuzzi and Sauna
Entire compound wall, sewerage
lined and WTP flooring
14. CCTV for surveillance
15. Interest on delayed payments of
Corpus fund
10.
11.
12.
13.

Incomplete and has
to be completed in
all respects
-

Plastering not done
and has to be done
Incomplete
To pay interst on
delayed payments
of corpus fund

To start and complete

-

To start and
complete
To be handed over to
the society
To be
supplied/furnished
To start and
completed
To start and complete
To start and complete
To start and complete
-

D. Relief(s) sought in Complaint no.1901/2023:
27.

The Complainants pray for the following reliefs:

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3.

4.

Description of the pending
works
Two Indoor Shuttle Badminton
Courts
Swimming Pool

Registration of the club house
and other common amenities in
favour of the society
Corpus Fund
Balanace/Maintenance Charges

5.
6.

Intercom Facility to every Villa
Child play areas

7.

Area reserved for Amenities

8.

Library
Volley Ball Court
Spa
Party Lawns
Jacuzzi and Sauna

9.
10.
11.
12.

To be completed

To be commenced and
completed
To start and complete

Incomplete and
has to be
completed in a;;
respected and has
been constructed
on public park
area
-

-

-

To start and complete

Rs. 5.1 Lakh with
interest from
January 2022 to be
repaid to the
Society
To start and complete
Incomplete and
has to be
completed in all
respects
To be handed over to the
society
To be supplied/furnished
To start and completed
To start and complete
To start and complete
To start and complete

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Entire compound wall, sewerage
lined and WTP flooring

14.
15.

CCTV for surveillance
Interest on delayed payments of
Corpus fund

Plastering not
done and has to be
done
Incomplete
To pay interst on
delayed payments
of corpus fund

-

E. Reply of Respondent no. 1 and 2 in complaint no. 981:
28.

Respondent No.1 & 2 submit that the Complainants are not an aggrieved persons and

there is no violation or contravention of the provisions of the T.S. (Regulation & Development)
Act, 2016 by the Respondent No.1 & 2. As such, the Complaint itself is frivolous and liable to
be dismissed as not maintainable. Complaint submitted by the Complainants is false and baseless
and the allegations made against the Respondent No.1 & 2 are absolutely false and incorrect and
there is no material evidence as to the said allegations as against the same. The Respondent No.1
& 2 hereby deny all the material allegations made in the Complaint except which are specifically
admitted hereunder. The Complainants are put to strict proof of their alleged claim for seeking
reliefs as against the Respondent No.1 & 2 herein in the Complaint under reply.
29.

That they have discharged all their obligations in terms of the Development Agreement-

cum-General Power of Attorney dtd.29-11-2017 and in terms of the sale deeds executed in favour
of the purchasers of the Villas to the extent of the Developer's share in the project.
30.

Respondent No.1 being Developer entering into Development Agreement-cum-General

Power of Attorney dtd. 29-11-2017 vide Doc.No.16149 of 2017 with the Respondent No.3 to 18
& two others who are the owners of the land and the Respondent No.1 got registered the project
with RERA vide Regn.No.ID No.P022000000428, and developing the property by obtaining
necessary permissions from the G.H.M.C. and sold the Villas fallen to its share and the
Respondent No.3 to 18 and their two other family members also sold the Villas fallen to their
respective shares.
31.

Further, it is also true that the Respondent No.1/Developer shall maintain the common

amenities for a period of 2 years in terms of the Clause 13 of the Sale Deeds executed in favour
of the Complainants by collecting the maintenance charges from the purchasers/owners of villas.
It is submitted that the Respondent No.1 completed the Villas and common amenities in all
respects and provided amenities to the each of the Villa as per the Development Agreement and
as per the sale deeds executed by in favour of the purchasers including the Complainants and
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Further, on completion of the entire project of villas and providing the amenities in its

entirety, the Respondent No.1 submitted an application for grant of Occupancy Certificate on 1st
February, 2021 before the G.H.M.C. under Building Rule 26 of the A.P. Building Rules, 2012.
And the authorities after completed the inspection and enquiry with regard to the works which
were carried out as per the sanction plan and as per the Development Agreement and as per the
layout and after satisfying by the authorities, the Occupancy Certificate dtd. 18-01-2022 and 1901-2022 respectively in respect of three blocks were issued by the G.H.M.C.
33.

It is submitted that before registration of the Society with all the owners & purchasers of

Villas, initially an Ad-hoc Committee of the Villa owners was constituted and all the amenities
were handed over to the said ad-hoc committee for maintenance and thereafter to the Society
which has been registered under Telangana Mutually Aided Co-op. Society Act, 1995 under the
name & style of Golden Leaves Villa Owners Mutually Aided Co- op. Maintenance Society vide
Regd. No.TS/MLKG/MACS/2022-44/FOW & M. Further, the elections were held in October,
2022 and Bye-laws were framed and elected body of the Society has been looking after day to
day affairs of the society including maintenance of Villas and common amenities in the project
which is to the knowledge of one and all and more particularly to the knowledge of the
Complainants herein and the Respondent No.1 & 2 are not at all responsible for maintenance of
Villas in the project.
34.

It is submitted that the Respondent No.1 & 2 hereby deny the allegations of the

Complainants that since the Respondent No.1 being Developer failed to form the society and get
it registered and also failed to provide and maintain the common amenities, the occupants of the
Village community have themselves formed the Society and got it registered and that an ad-hoc
body was formed to co-ordinate with the Respondent No.1 & 2 in getting the pending amenities
provided and pending works completed at an earliest but the ad-hoc body too failed to get the
works done by Respondent No.1 & 2 who did not complete most of the common amenities even
now and ad-hoc body by ignoring their responsibility and in connivance with the Respondent
No.1 & 2 maintain the partly completed common amenities without any authority or consent of
the occupants who formed the ad-hoc body and to avoid all these disturbances/discrepancies, the
occupants themselves formed the society and got it registered as the same are absolutely false,
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It is submitted that in terms of the Development Agreement, the Respondent No.1 got the

share of 58% out of the total Villas and 42% of the share of the land lords and the Respondent
No.1 so far collected the corpus fund for each villa of his share i.e., 58% comes to 135 Vilas out
of 232 Villas @ Rs.1,00,000/- each and the said amount of Rs.1,35,00,000/- by way of cheques
had been handed over to the said Society and the same has been accepted and acknowledged by
the Society. There is no dispute with regard to the Respondent No.1 maintaining the project till
the formation of the society on free of cost without collecting the monthly maintenance from the
Villa owners/occupants and handing over the amenities to it for maintenance and the Society
taking over the entire responsibility of maintenance of Villas including the amenities in the
project and there is also no dispute as to the depositing of the amount of Corpus fund collected
by the Respondent No.1/Developer from the Villas pertaining to the share of Developer. The
Receipt of issued by the Respondent No.19 duly acknowledging receipt of Corpus deposited by
the Respondent No.1 etc., are filed herewith.
36.

It is submitted that the allegations of the Complainants that it is the duty and responsibility

of Respondent No.1 & 2 to deposit an amount of Rs.2,32,00,000/- as Corpus fund collected from
the Villa Owners @ Rs.1,00,000/- each into the account of the society either individually or in
consultation with the Respondents 3 to 18 but not deposited the same so far, besides the
Respondent No.1 & 2 are claiming the amount spent for maintenance during the tenure of ad-hoc
body and the duly elected Board of Directors of the Respondent No.19 who are in hand in glove
with the Respondent no.1 & 2 are collecting the maintenance from January, 2022 @
Rs.12,00,000/- per month even though the Society was registered in the month of August, 2022
without any authority to facilitate the Respondent No.1 & 2 to deposit the balance of corpus fund
and that the elected directors of the Respondent No.19 in collusion with Respondent No.1 & 2
are taking hasty decisions and collecting the maintenance charges from January, 2022 ignoring
the development agreement and registered sale deeds and the bye- laws and that the elected
Directors being the representatives of Respondent No.19 have not called the General Body
meeting to decide and to pass a resolution with regard the collection of maintenance and quantum
and that they have not taken any steps to get the corpus fund deposited into the account of the
society and that the Society is losing the amount by way of interest around Rs.1.5 lakhs per month
for which there is no explanation by the executive body and that it is utter failure on the part of
the elected directors of Respondent No.19 society in addressing the problems of the society
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It is relevant submit here that once the Respondent No.1 discharged their obligation in

completing the amenities, paying corpus fund to the Society and in handing over all the common
amenities in the project to the Society, they have no concern or connection with the affairs of the
society or its body and no way responsible or any connection with the said Society. The
Complainants are put to strict proof of the said allegations and the alleged right/locus standi to
raise the present complaint as against the Respondent No.1 & 2. In reply to Para 4 (f) & (g), it is
submitted that the allegations of the Complainants that the society is facing lot of problems with
street dogs, and monkeys due to failure of common solar fencing over the common compound
wall and at no point of time the solar fencing did work properly from the date of installation but
neither the Respondent No.1 & 2 nor the Respondent No.19 did not bother go get it rectified
under warranty besides spent amount from the funds of the society to get it functional without
the approval of general body and it is the obligation of the Respondent No.1 & 2 being Developer
and Respondent No.3 to 18 being the land lords to get the solar fencing functional and also
reimburse the amount spent by the society are baseless hence denied by the Respondent No.1 &
2. It is relevant to submit here that the Respondent No.1 did solar fencing and maintained from
2019 to 2022 and handed over the same to the Society in proper working condition and it the
Society should take care of such maintenance but not by the Respondent No.1 to 18 as alleged
by the Complainants for which the Respondent No.1 & 2 are no way concerned and not
answerable for the said issues. The complainants without any basis making false and frivolous
allegations as against the Respondent No.1 & 2 by way of defamation for which the Respondent
No.1 & 2 are hereby reserving their right to initiate appropriate proceedings before the competent
court of law against the Complainants to claim damages.
38.

It is submitted that the Respondent No.1 constructed the Compound Wall all around the

project by carrying out the work properly for laying the internal roads and all other works and
amenities as per the specifications and no rain water was logging when the project was completed
and there was no complaint from any corner. Thereafter the G.H.M.C. authorities laid 150 feet
20 of 37

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It is submitted that the Respondent No.1 & 2 have already provided a Room for Library,

Room for SPA, Doctor Consultation in the Club House and also provided Volley Ball Court and
also provided association office, swimming pool, party lawns, with infrastructures. It is submitted
that all the said amenities were handed over along with the original documents, sanction plans
etc., to the Society and the same are under control of the Society. Further, while they were under
process to provide Badminton Court in the prescribed and earmarked place in the layout, the
same was resisted by the owner of Villa No.4 by raising objections with the Society as such, the
same could not be done and once the Society solve their internal dispute with the said owner of
Villa No.4, we are ready to provide the same.
40.

It is submitted that the allegations of the Complainants that prior to formation of the

society, the complainants along with members asked the Respondent No.1 & 2 to complete the
above said amenities but with a deaf ear the Respondent No.1 did not come forward to complete
the same and after the Society came to existence, the Respondent No.19 who are in hand in glove
with the Respondent No.1 & 2 are not taking any steps to get the pending amenities provided
with which the residents of the society are not in a position to enjoy amenities though they paid
Rs.6,00,000/- to Developers/landlords thus Respondent No.1 & 2, 3 to 18 jointly and severally
liable to provide the said pending amenities or else reimburse the cost of the pending amenities
which is around Rs.3,00,00,000/- are absolutely false, incorrect and baseless. As stated above,
the Respondent No.1 & 2 already provided all such amenities and handed over to the Society and
21 of 37

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The Respondent No.1 already deposited the corpus fund amounting to Rs.1,35,00,000/-

which was collected from the Villas in respect of Developer's share with the Society and the proof
of the same is already filed herewith. As such, the allegations of the Complainants that the
Respondent No.1 & 2 only paid Rs.40,00,000/- towards corpus fund and not bother to pay
Rs.1,92,00,000/- towards corpus fund and as on today, the Respondent No.1 & 2 failed to deposit
the corpus fund with the Society are absolutely false and incorrect which are baseless. The
Complainants are put to strict proof of the same.
F. Respondent Reply in complaint no. 1901/2023:
42.

The Respondent refutes the allegations made by the Complainants, asserting that they are

vague, false, and unsupported by evidence. They deny all material allegations except those
specifically admitted.
43.

The Respondent claims to have fulfilled all obligations outlined in the Development

Agreement and sale deeds executed with villa purchasers.
44.

The Respondent maintained common amenities as per the Development Agreement from

2019 - 2022 and provided them to villa owners without collecting maintenance charges until
October 2022.
45.

The Respondent obtained occupancy certificates for three blocks of the project after

completing all necessary inspections and works as per sanctioned plans.
46.

An Ad-hoc Committee was initially formed to manage the project's amenities before the

registration of the Society. The Society, now registered, is responsible for maintenance
47.

The Respondent denies the allegations regarding non-completion of amenities, shortfall

in corpus fund deposit, and failure to fulfill promises made to villa purchasers.
48.

The respondent got the share of 58% out of total villa as per the DGPA. The respondent

so far collected corpus fund for each villa of his share which come to 135 villa out of 232 villas
@ Rs. 1,00,000/- each and the said amount of Rs. 1,35,00,000/- by way of cheques had been
handed over to the Society and the same has been accepted and acknowledged by Society. The
Respondent claims to have deposited the corpus fund collected from villa buyers' shares and
denies any shortfall in payment
22 of 37

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The Respondent asserts that landowners are responsible for depositing their share of the

corpus fund directly to the Society.
50.

The Respondent contends that all amenities were completed as per sanctioned plans, and

any allegations to the contrary are baseless.
51.

Certain amenities, like the badminton court, were not provided due to objections from

specific villa owners. The Respondent is willing to provide these amenities once internal disputes
are resolved.
52.

The Respondent claims that the swimming pool was handed over to the Society and is

not being adequately maintained by villa occupants.
53.

The Respondent asserts that they have fulfilled all obligations and provided all amenities

as per agreements, and there are no pending works in the project.
54.

The Respondent believes that the complaint is baseless and malicious, initiated by a few

villa owners to harass them. The complainants have initiated after 4 years of completion and
handing over possession of villas to them and even after 2 years of handing over the maintenance
to the society with an intention to harass the respondent the present complaint has been filed.
55.

The Respondent requests the authority to dismiss the complaint and reserves the right to

take legal action against those responsible for initiating frivolous complaints
56.

Further, that the Complaint filed by the Complaint is not in accordance with law and not

signed by authorized persons and much less without any Resolution passed by the newly elected
body and the signatory to the Complaint is put strict proof their authorization to sign the
complaint. This Respondent hereby specifically deny all the allegations made in the Complaint
except which are not hereby specifically admitted hereunder. At the outset, the Complainant is
not an aggrieved party to raise the complaint under the provisions of the Real Estate (Regulation
and Development) Act, 2016 and there is no violation or contravention of the provisions of the
Act by the Respondent and the said complaint is neither maintainable in law nor on facts and as
such, the Complaint under reply is liable to be dismissed in limini.
57.

It is submitted that the Complainant has not laid any valid grounds seek indulgence of

this Hon'ble Authority to entertain the Complaint and to seek the subject reliefs as against this
Respondent and there is no specific grievance stated in the complaint except alleging that the
Respondent has failed to abide by the promises made and abandoned the project "Golden Leaves
23 of 37

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It is submitted that the complaint appears to have been raised by the Society at the instance

of some of Villa Owners i.e., Sri Chenreddy Srinivas Reddy & others in continuation of their
earlier Complaint dtd. 4-12-2021 for which we have already given detailed reply/explanation for
your Notice dtd. 19-12-2023 vide Ref.No.981/2023/TSRERA.
59.

It is submitted that the Complainant is a society registered under the provisions of the

Telangana Mutually Aided Cooperative Societies Act, 1995 and it appears that the Complainant
not filed its Registration Certificate except filing Bye-laws. There is no Resolution passed by the
Board of Directors or the General Body of the Society (or) no proper authority filed by the
signatories before this Hon'ble authority as to their authority to sign and present the complaint.
As such, the Complaint itself is not in accordance with law and liable to be dismissed as not
maintainable.
60.

It is true that the Society has been formed by the owners of Villas under the name and

style of "Golden Leaves Villas" in the land covered by Sy.No.18/Part, 19, 20, 21, 22, 23/Part and
24, situated at Fathullaguda Village, Nagole, Uppal Mandal, Medchal-Malkajgiri District. It is
also true that the members of Villa Owners in Golden Leaves Villas and the said community is
developed by this Respondent under Registered Development Agreement-cum-Irrevocable
General Power of Attorney (in short "DAIGPA) executed between the Landlords i.e., Sri Santosh
Kumar Singh & others and this Respondent. This Respondent registered the Project under the
DAIGPA with this Hon'ble Authority under Section 4 of the Act by following due procedure as
laid down under the provisions of the Act.
61.

It is submitted that this Respondent had circulated a brochure, however, it is well settled

law that the brochure is purely a conceptual presentation and not a legal offering and the
Promoters reserve the right to make changes, specification as demed fit. It is submitted that as
per the DAIGPA, this Respondent was allotted 132 Villas to their share and the rest of 100 Villas
were allotted to share of the Land Owners. This Respondent developed the project by obtaining
necessary permissions from the G.H.M.C. vide Permit No.53438/HO/EZ/Cir-03/2016 dtd. 2102-2018 and sold the Villas fallen to its share and the Respondent No.3 to 18 and their two other
family members also sold the Villas fallen to their respective shares.

24 of 37

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Further, it is submitted that this Respondent/Developer shall maintain the common

amenities for a period of 2 years in terms of the Development Agreement and sale deeds executed
by collecting the maintenance charges from the purchasers/owners of villas. It is relevant to
submit here that this Respondent completed the Villas and common amenities in all respects and
provided amenities to the each of the Villa as per the Development Agreement and as per the sale
deeds executed by in favour of the purchasers including the Complainants and maintained the
entire project from 2019 to 2022 on free of cost without collecting any maintenance though in
fact they are entitled to collect the maintenance as per Clause 13 of the Sale Deeds till October,
2022.
63.

Further, on completion of the entire project of villas and providing the amenities in its

entirety, this Respondent submitted an application for grant of Occupancy Certificate on 1st
February, 2021 before the G.H.M.C. under Building Rule 26 of the A.P. Building Rules, 2012.
And the authorities after completing the inspection and enquiry with regard to the works which
were carried out as per the sanction plan and as per the Development Agreement and as per the
layout and after satisfying by the authorities, the Occupancy Certificate dtd. 18-01-2022 and 1901-2022 respectively in respect of three blocks were issued by the G.H.M.C. The copies of the
Occupancy Certificates and handing over of the amenities etc., are filed herewith for your kind
perusal.
64.

It is submitted that on account of non-willingness and non-coordination of all the Villa

Owners and there was differences between villa owners and they were not ready to bear the
maintenance charges for the reasons best known to them, the registration of the Society is not
done and before registration of the Complainant Society with all the owners & purchasers of
Villas, the Villa Owners initially formed an Ad-hoc Committee of the Villa owners and informed
this Respondent that they will maintain the project. Accordingly, all the amenities were handed
over to the said ad-hoc committee for maintenance who maintained initially till formation of the
society and thereafter to the Complainant Society which has been registered under Telangana
Mutually Aided Co-op. Society Act, 1995 under the name & style of Golden Leaves Villa Owners
Mutually Aided Co-op. Maintenance Society vide Regd. No.TS/MLKG/MACS/2022-44/FOW
& M. Further, the elections were held in October, 2022 and Bye-laws were also framed and
elected body of the Society has been looking after day to day affairs of the society including
maintenance of Villas and common amenities in the project for the last four years which is to the
knowledge of one and all and more particularly to all the Villa Owners and this Respondent is

25 of 37

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It is submitted that this Respondent No.1 from time to time deposited the corpus fund as

and when collected from the Villa Purchasers in respect of Developer's share even from the time
of Ad-hoc Committee time and in all deposited a sum of Rs.1,35,00,000/- which was collected
from the Villas in respect of Developer's share with the Society and the Complainant Society duly
acknowledged the receipt of the same and proof of the same is filed herewith.
66.

It is submitted that as stated above, this Respondent completed and handed over the Villas

as back as in the month of January, 2021 well within the time stipulated under the Development
Agreement etc., though there was a pandemic Corona affected two times in March, 2020 and
February, 2021 and affected by floods in the month July, 2021, and handed over all the amenities
in accordance with the specifications and Brochure and the entire Project initially maintained by
the Developer for one year w.e.f. January, 2021 to 31-12-2021 without collecting any
maintenance from the Villa owners and thereafter the Ad-hoc Committee of Villa Owners
maintained the entire project and thereafter the Society has been maintaining the project. And all
the Villa Owners took possession and staying in the Villas by enjoying the amenities for the last
four years and there is no single grievance is there from anybody till now. The Photographs
showing the status of amenities on the date of handing over to the Society are filed herewith
which shows the completion of amenities in its entirety. Thereafter, it is the Society to take care
and complete responsibility of maintenance of all the amenities and if any damage appears that
for the reasons best known to them the Society did not maintain the amenities properly and for
failure of maintenance of the Society, this Respondent is not responsible for the same. Therefore,
the allegations of the allegations of the Complainant that the Respondent has failed to abide by
the promises made thereafter and has in a way abandoned the Project "Golden Leaves Villas"
without completing the same in many aspects and has in fact also failed to deposit the entire
Corpus Fund collected from the owners of the Villas that fell to their share and sold by them are
absolutely false and incorrect which are baseless. The Complainant is put to strict proof of the
same.
67.

Further, allegations of the Complainant that the Promoter/Developer failed to form a

society ipso facto shows that they had abandoned the project in ways more than one and that
since the project was getting delayed abnormally, an Ad- hoc committee of the owners was
formed by the villas owners to take care of various issues with the builder, i.e., maintenance of
26 of 37

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It is submitted that the Respondent has already provided a Room for Library, Room for

SPA, Doctor Consultation in the Club House and also provided Volley Ball Court and also
provided association office, swimming pool, central park, party lawns, child play area with
infrastructures, and also provided inter-com facility also and C.C. Camera facilities in the project.
It is submitted that all the said amenities were handed over along with the original documents,
sanction plans etc., to the Society/Complainant and the same are under control of the Society.
Said drawings and copy of handing over all the original documents are enclosed herewith.
Further, it is submitted that while we were under process to provide Badminton Court in the
prescribed and earmarked place in the layout, the same was resisted by the owner of Villa No.4
by raising objections with the Society/Complainant as such, the same could not be done and once
the Society/Complainant solve their internal dispute with the said owner of Villa No.4, we are
ready to provide the same.
69.

It is submitted that the Respondent had built the proper Swimming Pool and handed over

to the Society and it is the Society to maintain by regularly utilizing the same under proper
maintenance. To the knowledge of the Respondent, the occupants of Villas are not utilizing the
Swimming Pool regularly and the same is out of maintenance. We are herewith enclosing the
photographs to that effect. As such, the allegations of the Complainants that the Respondent has
not completed the Swimming pool in all respects and not provided badminton courts, registration
of the Club House, intercom facility, child play area etc. absolutely false, incorrect and far from
truth. When the Respondent constructed the Club House and handed over to the Society and the
Society maintaining the same for all these years, as such, the question of registration of Club
House as alleged by the Society does not arise.
70.

It is submitted that the Respondent constructed the Compound Wall all around the project

by carrying out the work properly for laying the internal roads and all other works and amenities
as per the specifications and no rain water was logging when the project was completed and also
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It is submitted that the Respondent provided 4 bore points with 24" water lane for bore

water and 6" water lane for municipal water and provided sufficient underground water sump
with a capacity of 3 lakh Litre capacity for bore water and 1 lakh Litre capacity for municipal
water more than the specifications agreed in the project and the same were being handed over to
the Society.
72.

It is humbly submitted that as stated above, the Respondent being the Developer of the

project has completed all the works in the project as per the sanctioned plans, and on satisfying
with all the conditions, the G.H.M.C. issued Occupancy. Certificate and the Respondent has
provided all the amenities and handed over the same apart from handing over all original
Sanctioned Plans and material documents to the Society formed by all the owners of Villas in the
project’s which is maintaining the amenities and all the Villa owners are happily living there and
enjoying the amenities provided in the project. The Respondent also deposited entire Corpus fund
towards the share of Developer Villas with the Society under acknowledgment and thereafter also
completed some of the works as per the requirement of the Society as per the joint meeting held
with them to the satisfaction of the Society which have been certified by the Society and the
Society has been maintaining the same. There are no pending works as on the date of handing
over possession of Villas to the various purchasers and there are no pending works with regard
to the Club House, Swimming pool and other amenities. There is no such grievance to any owner
of the Villas in the society, except some the Complaints herein who raised the false complaint
with your goodselves instigated the Complainant society to file the present frivolous litigation
with false, stray and baseless allegations without there being any violation on part of the
Respondent under any provisions of the Act.
73.

It is submitted that the Complainant at the instance of some of Villa owners purposefully

raised the present complaint with baseless allegations with a view to harass the Respondent and
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The Complainants refute the claim that they are not aggrieved persons and deny the

Respondents' assertion that they fulfilled all obligations under the DGPA and sale deeds. They
challenge the Respondents to provide documentary evidence to support their claim.
75.

The Complainants contest the completion of common amenities by Respondent No.1,

alleging manipulation to obtain an occupancy certificate from GHMC. They accuse Respondents
1 & 2 of misleading GHMC officials regarding the state of amenities, particularly the swimming
pool, and call for a thorough investigation by the authority.
76.

The Complainants dispute the issuance of the occupancy certificate by GHMC, alleging

that common amenities were not completed as claimed by Respondents 1 & 2.
77.

The Complainants clarify that the Ad-hoc Body was formed to expedite the provision of

pending amenities by coordinating with Respondents 1 & 2. They criticize the Ad-hoc Body for
failing to fulfill its purpose and accuse Respondents 1 & 2 of improper handover of amenities.
78.

The Complainants challenge the collection of corpus fund by Respondents 1 & 2 and the

subsequent transfer to Respondent No.19. They demand proof of payment and accuse
Respondent No.19 of colluding with Respondents 1 & 2.

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The Complainants contest the amount deposited as corpus fund by Respondents 1 & 2,

alleging discrepancies. They clarify that their complaint does not pertain to maintenance
collection but highlight the failure of Respondents 1 & 2 to deposit the full corpus fund.
80.

The Complainants deny the completion and handover of amenities by Respondents 1 &

2, particularly disputing the provision of a library, SPA, doctor consultation, and other facilities.
They question the validity of the alleged handover letter.
81.

The Complainants challenge the adequacy of solar fencing and the substandard

construction of the compound wall, emphasizing the need for reconstruction. They accuse
Respondents 1 & 2 of twisting facts and call for evidence to support their claims.
82.

The Complainants reject the saleability of Amenities-II area and demand the provision of

promised amenities. They accuse Respondents 1 & 2 of intending to sell the area unlawfully and
highlight the absence of utilities despite claims.
83.

The Complainants acknowledge issuing a legal notice, refuting Respondent No.1's denial

in their response. They clarify that their complaint does not seek relief regarding maintenance
collection but aims to expose collusion between Respondent No.19 and Respondents 1 & 2.
H. Observations of the Authority:
84.

Upon a comprehensive consideration of the pleadings, documents, photographic

evidence, written submissions and oral assertions made by the parties, this Authority records as
follows. The complaints have been instituted under Section 31 of the Real Estate (Regulation and
Development) Act, 2016, and pertain to the project “Golden Leaves Villas”, bearing RERA
Registration No. P02200000428. The project stands duly registered under Section 3 of the
RE(R&D) Act and the allegations relate to statutory obligations of the Promoter under the Act,
the Development Agreement-cum-General Power of Attorney dated 29.11.2017, the sanctioned
plans, the Agreement of Sale and Sale Deeds executed with the allottees. The matters clearly fall
within the jurisdiction of this Authority.
85.

The complaints were clubbed for adjudication as they arise from the same real estate

project, share common factual substratum, and involve overlapping Respondents. The
Complainants in Complaint No. 981/2023, being villa purchasers, allege serious deficiencies in
the completion of promised amenities, shortfall in corpus fund deposit, non-functional
infrastructure such as solar fencing and water supply lines, incomplete compound wall, and
failure to declare Amenities–II area as part of the common areas of the society. They assert that
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The Complaint No. 1901/2023 filed by the Villa Owners’ Society raises similar

allegations, asserting that the Promoter failed to complete or hand over several amenities
including indoor badminton courts, swimming pool, intercom, library, volleyball court, spa,
jacuzzi & sauna, and that the promoter constructed the swimming pool encroaching upon a public
park area. It is also alleged that plastering of the compound wall, CCTV system, WTP/STP, and
other works remain incomplete and that there is a shortfall of Rs. 51 lakhs in corpus fund release.
The Society seeks completion of amenities, rectification works, transfer of club house and
community infrastructure, compensation of Rs. 2 crores, and costs.
87.

The Promoter/Developer, M/s Devis Homes Pvt Ltd, denies all allegations in both

matters, asserting full compliance with the Development Agreement-cum-GPA, Sale Deeds and
sanctioned plans. It is contended that all promised amenities were provided and transparently
handed over, that the promoter deposited Rs. 1,35,00,000/- being its corpus fund share for 135
villas, and that possession was handed over only after completion of the project and obtaining
occupancy certificates. The complaints are alleged to be malicious and filed after four years of
possession to harass the Promoter. The Promoter attributes the present grievances to maintenance
failure by the Society and states that all obligations incumbent upon the developer stood
completed.
88.

It is on record that the parties engaged in conciliation proceedings before IAMC,

Hyderabad, between 11.05.2024 and 20.09.2024. The documents placed before this Authority
include the minutes and Memorandum of Understanding wherein the mediator recorded that the
Promoter had agreed, inter alia, to provide the library infrastructure, yoga and meditation room,
indoor badminton courts and volleyball court in Amenities–II, a properly drained swimming pool
and spa, reinforced compound wall, functional solar fencing, rectified water pipelines, and
registration of the club house and common amenities in favour of the Society. Though substantial
consensus was reached, the Promoter subsequently withdrew from the agreed position and the
conciliation process failed. These events form part of the record.
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The grievances raised by the Complainants are broadly twofold—
a) non-completion or non-provision of promised amenities, handover of Amenity block; and
b) shortfall in deposit of corpus fund.
The Authority first deals with the issue relating to amenities. The Complainants assert non-

completion of the library, yoga and meditation rooms, volleyball and badminton courts,
association office, swimming pool and spa, party lawns, jacuzzi & sauna, and doctor consultation
room. The Promoter contends that rooms for library, spa, and doctor consultation have been
provided within the club house, that volleyball court, association office, swimming pool, and
party lawns exist, and that all promised amenities stand delivered.
88.

Upon a scrutiny of the Sale Deeds executed with allottees, Annexure III (Amenities

Specifications) appended to the Agreement of Sale uploaded on the project’s RERA webpage,
and the Development Agreement-cum-GPA dated 29.11.2017, this Authority finds that the
Promoter expressly undertook to provide AC Guest Room, AC Gymnasium, Library, Yoga &
Meditation Rooms, Volleyball Court, Badminton Court, Association Office, Children Play Area,
Super Market, Banquet Hall, Swimming Pool, SPA, Party Lawns, Jacuzzi and Sauna, Doctor
Consultation Room and other facilities enumerated in Annexure III. These contractual
obligations bind the Promoter, and by virtue of Section 11(4)(a) read with Section 14 of the
RE(R&D) Act, the Promoter is statutorily bound to adhere to the sanctioned plan, project
specifications and representations contained in the Agreement of Sale.
89.

From the photographic evidence placed on record, it is evident that a swimming pool area

and certain children’s play infrastructure have been provided. However, the children’s play area
is found to be incomplete. The Promoter was obligated to deliver the same in a fully completed
and functional condition at the time of handover. Accordingly, the Promoter is directed to
complete the children’s play area in its entirety and strictly in accordance with the approved
specifications. With respect to the badminton court, the Respondent has stated that construction
could not be undertaken due to objections raised by the allottee of Villa No. 4. The Association
of Allottees may resolve the issue pertaining to the proposed badminton court location and
communicate their collective consent. Upon such resolution and consent being furnished, the
Respondent shall proceed to complete the construction of the badminton court without further
delay.
90.

The objection raised regarding location of the swimming pool adjacent to a public park

is not a matter requiring adjudication herein, as the sanctioned plan demonstrates that the
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As regards the remaining amenities claimed as incomplete, the Promoter is directed to

complete and deliver each of the amenities specified in Annexure III of the Agreement of Sale,
strictly in accordance with the sanctioned plan and specifications. The Promoter’s plea that the
brochure constituted merely a “conceptual presentation” is wholly untenable. Section 12 of the
RE(R&D) Act prohibits misleading advertisements and representations. Where the Promoter has
advertised amenities and incorporated them in the Agreement of Sale, Sale Deeds, and
Development Agreement, the Promoter cannot resile from such obligations by terming the
brochure “conceptual”. In any event, Annexure III to the Agreement of Sale, the DGPA and the
Sale Deeds themselves expressly enumerate these amenities.
92.

The issue of non-functional solar fencing has been repeatedly raised by the Complainants.

However, save for general assertions, no technical evidence has been produced to demonstrate
inherent defect or non-functionality since installation. The Promoter has installed the fencing; its
ongoing maintenance is clearly the responsibility of the Association of Allottees. The grievances
on this count appear to arise from internal disputes between residents and the Association, and
such internal matters fall outside the jurisdiction of this Authority. The RE(R&D) Act does not
empower the Authority to intervene in day-to-day maintenance issues post-handover except
regarding structural defects contemplated under Section 14(3) of RE(R&D) Act.
93.

Similar is the position with respect to water sump and bore water supply. The Promoter

has provided the requisite underground sumps; any deficiency in present supply is in the nature
of maintenance and shall be addressed by the Association.
94.

On the STP/WTP issues, no substantive material has been filed to establish that the

systems are defective or incomplete. The Promoter however, in its reply dated 07.01.2025,
voluntarily undertook to plaster the compound wall. The Promoter shall complete such plastering
within 30 days from the date of this order.
95.

CCTV installation has been shown through evidence filed by the Promoter and stands

accepted as complete.
96.

A significant issue arises with respect to the status of Amenities–II area. The

Complainants assert that it forms part of the common areas and that the Promoter and landowners
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Upon examination of the sanctioned plan bearing permit No. 53438/HO/EZ/Cir-3/2016

dated 21.02.2018 (file No. 47553/26/10/2015/HO), it is unequivocally clear that Amenities–II
forms part of the layout approved for this project. Under Section 2(n) of the RE(R&D) Act,
“common areas” include community facilities provided in the real estate project as well as all
areas necessary or convenient for its maintenance and safety. The Amenities–II block clearly
satisfies this statutory definition.
98.

Sections 11(4)(f) and 17(1) of the RE(R&D) Act, impose an unequivocal mandate on the

Promoter to execute a registered conveyance deed transferring the undivided proportionate
interest in the common areas including community facilities such as Amenities–II to the
Association of Allottees after issuance of the occupancy certificate. This statutory obligation is
not subject to the discretion of the Promoter nor can it be defeated by any clause in a private
agreement. Once the project is registered under the RE(R&D) Act, all project components
depicted in the sanctioned plan become subject to the statutory scheme governing transfer and
vesting of common areas. Hence, any agreements executed in connection with a real estate
project shall be subject to and governed by the provisions of the Real Estate (Regulation and
Development) Act, 2016. Accordingly, any attempt by the Promoter to reserve control over the
Amenities Block Irrespective of it having number of Amenity blocks in the project, exclusion is
directly contrary to the expansive and inclusive definition of 'common areas' under the RE (R&D)
Act.
99.

This Authority reiterates that no contractual arrangement, including those recorded under

DGPA dated 29.11.2017, can override the statutory mandate of RE (R&D) Act, 2016 and also of
the sanctioned plan approved by the Planning Authority. This Authority is of the considered view
that any such contractual arrangement, irrespective of its origin or mutual consent, which seeks
to exclude a portion of the amenity space from the definition of "common areas" and treat it as a
privately alienable or for private usage of the Promoters, is prima facie inconsistent with the
statutory framework of the Real Estate (Regulation and Development) Act, 2016. Where there is
a conflict between the terms of a contract and the provisions of a central statute, the latter shall
prevail. In this regard, it is pertinent to note that Sections 11(4)(f) and 17(1), read with Section
2(n) of the RE(R&D) Act, impose an unambiguous obligation on the Promoter to transfer the
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The Promoter cannot, therefore, retain or appropriate the Amenities–II block as its

exclusive property. Such retention would run contrary to the objectives of the RE(R&D) Act,
frustrate the statutory rights of allottees, and defeat the transparent governance intended by the
legislature. Accordingly, the Authority declares that Amenities–II forms part of the common areas
of the project and shall be conveyed to the duly constituted Association of Allottees under
Sections 11(4)(f) and 17(1) of the RE(R&D) Act. The Promoter is directed to immediately initiate
and conclude the execution of the registered conveyance of Amenities–II and all other common
areas in favour of the Association.
101.

If no amount has been collected by the Respondent Promoter from allottees towards

Amenities–II, the Promoter is at liberty to raise or recover such recover the proportionate cost
from the association of allottees.
102.

Turning to the corpus fund issue, it is not in dispute that corpus fund contributions were

collected @ Rs. 1,00,000/- per villa. The Promoter asserts that it collected corpus fund for 135
villas as per his share and deposited Rs. 1,35,00,000/- with the Association. The record contains
the receipt issued by Respondent No. 19 (Society) acknowledging receipt of Rs. 1,35,00,000/by 18.10.2023. Therefore, it stands established that the Promoter has discharged its corpus fund
obligation.
103.

However, in respect of villas sold by Respondents 3–18 (landowners) under the DGPA,

it is clear from Clause 27 of the DGPA that the landowners, having collected corpus fund from
allottees, were obligated to transmit the same either to the Developer or to the Association. The
landowners cannot be permitted to retain such corpus. They are accordingly directed to deposit
the corpus fund collected by them along with interest from November 2022, as October 2022
marks the period of handover to the Association as acknowledged by the Promoter.
104.

The relief of compensation claimed by the Complainants falls within the adjudicatory

domain of the Adjudicating Officer under Section 71 read with Form N. This Authority,
exercising its jurisdiction under Sections 31, 34, and 37, cannot adjudicate monetary
compensation. The Complainants are at liberty to pursue such relief before the Adjudicating
Officer in accordance with law.

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In view of the foregoing findings and in exercise of the powers conferred upon this

Authority under Sections 37 and 38 of the Real Estate (Regulation and Development) Act, 2016,
this Authority hereby issues the following directions to secure compliance with the RE(R&D)
Act:
a) The Promoter, M/s Devis Homes Private Limited, shall, without any further delay or
demur, complete all amenities expressly undertaken under Annexure III of the Agreement
of Sale, the sanctioned plans and project specifications. The amenities shall be completed
in a full-fledged, finished, operational and compliant manner strictly in accordance with
the sanctioned plan, the DGPA dated 29.11.2017, the Agreement of Sale and Sale Deeds
executed with the allottees. The Promoter shall ensure that the children’s play area,
presently incomplete, is brought to full completion. All such works shall be completed
within a period of ninety (90) days from the date of this order.
b) The Promoter having voluntarily undertaken in its reply dated 07.01.2025 to complete
plastering of the compound wall, shall carry out and complete the said work in conformity
with the standards prescribed in the sanctioned plan within ninety (90) days from the date
of this order.
c) The Authority declares that Amenities–II, as reflected in the sanctioned layout bearing
permit

No.

53438/HO/EZ/Cir-3/2016

dated

21.02.2018

(File

No.

47553/26/10/2015/HO), forms part of the common areas of the real estate project within
the meaning of Section 2(n) of the RE(R&D) Act. By virtue of Sections 11(4)(f) and
17(1), the Promoter is mandatorily obligated to convey the undivided proportionate
interest in all common areas, including Amenities–II, to the duly constituted Association
of Allottees. Accordingly, the Promoter shall, forthwith and in any event not later than
ninety (90) days from the date of this order, initiate and complete execution and
registration of the conveyance deed transferring Amenities–II to the Association of
Allottees (Respondent 19), along with handing over all relevant title documents,
sanctioned plans, approvals and records pertaining to such common areas.
d) If no contribution has been collected by the Promoter from the allottees in respect of
Amenities–II, nothing in this order shall preclude the Promoter from recovering the
proportionate cost from the Association.
e) As regards the corpus fund, it stands established that the Promoter has deposited Rs.
1,35,00,000/- with the Association representing its share for 135 villas. No further
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Failure to comply with above said directions by the Respondent shall attract penalty in

accordance with Section 63 of the RE(R&D) Act, 2016.
107.

As a result, the complaint is disposed of accordingly. No order as to costs.

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

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

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon’ble Chairperson
TG RERA

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