Order Details
| Order Type | TG-RERA Authority |
|---|---|
| Complaint/Case Number | Complaint No. 99 of 2025 |
| Year | 2025 |
| Order Category | Regular Order |
| Order Date | 13 May 2025 |
| Complainant | Tilak Nagar, Amberpet, Hyderabad, Telangana 5000013) |
| Respondent | Ayyappa Society, Madhapur, Hyderabad, Telangana-500081. |
| PDF Document | Download PDF BU_150525153636881.pdf |
Full Order Text
BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Complaint No. 99 of 2025
13th May, 2025
Corum:
Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member
Mounika Jonnavittula
(M/s Rajashekar Thallapally counsel for Complainant,
Address: M/s DeJure Chambers,
Law firm, #2-2-1105/37/E, KPJ Homes,
Lane Opp. Vishwakarma timber mart,
Tilak Nagar, Amberpet, Hyderabad, Telangana 5000013)
…Complainant
Versus
1. M/s. Vajra Prekon Estates
(Rep. by its Managing Partner 1: -Sri. V.V. Durga prasad)
Registered office at Flat No.303,
Sai Krishna Villa, D. No: 2-22-2/33 & 34,
Plot. No. 33 & 34, AS Raju Nagar,
Kukatpally, Medchal-Malkajgiri, Telangana-500072.
(Rep. by its Managing Partner 2: -Sri. K. Prem Chand)
Registered office at Flat No.303, Sai Krishna Villa,
D.No: 2-22-2/33 & 34, Plot.No. 33 & 34, AS Raju Nagar,
Kukatpally, Medchal-Malkajgiri, Telangana-500072.
2. First Man Group Property Floor
Rep. by its Managing Director Sri. Anil kumarPattapu,
Ist Floor, Plot, MRLS Hub, No.45,
Jai Hind Gandhi Rd, Near Season Swimming Pool,
Ayyappa Society, Madhapur, Hyderabad, Telangana-500081.
…Respondent(s)
The present matter filed by the Complainant herein came up for hearing on 23.04.2025
before this Authority. The Counsel for the Complainant, Mr. Rajasekar Thallapally, the
Representative of Respondent No. 1, and Mr. Anil Kumar Pattapu, the Managing Director of
Respondent No. 2, were present in person before this Authority. Upon hearing the arguments,
this Authority passes the following INTERIM ORDER:
2.
The present Complaint has been filed under Section 31 of the Real Estate (Regulation
and Development) Act, 2016 (hereinafter referred to as the “Act”) read with Rule 34(1) of the
Telangana Real Estate (Regulation and Development) Rules, 2017 (hereinafter referred to as
the “Rules”). During the hearing, the Complainant prayed before this Authority to pass the
following interim order in safeguarding her interest:
Page 1 of 3
(a) To direct the Respondents not to alienate rights of plot no. 136 of the concerned
project to third parties until the present matter is disposed of.
3.
The Complainant submitted that the present complaint is filed against M/s Vajra Prekon
Estates and its Marketing Partner, FMG Property Floor, citing failure to register Plot No. 136
as per the Agreement of Sale. The complainant further stated that the Respondents induced the
Complainant into purchasing the villa plot in the project “Balaji Gardens” (Mithila E-City),
having registered with RERA under P02400003172.
4.
The Complainant submits that pursuant to having earlier purchased Plot No. 135
(registered via Sale Deed dated 27.01.2022), she entered into an agreement with the
Respondents for Plot No. 136, admeasuring 198 square yards, for a total consideration of
₹35,64,000/- along with registration and miscellaneous charges amounting to a total of
₹37,84,000/- was paid. The said payment is evidenced by documentary material on record,
including a “Receipt-cum-Commitment” dated December 2024, confirming receipt of
₹36,90,000/- and promising registration by December 31, 2024, failing which the amount
would be refunded with 18% interest.
5.
The Complainant further submits that despite repeated follow-ups and having fulfilled all
contractual obligations, the Respondents failed to execute the registration of Plot No. 136. A
post-dated cheque for ₹35,00,000/- issued towards refund was dishonoured with the
endorsement “Account Blocked” by Respondent 2. The Complainant submits that the conduct
of the Respondents has caused not only financial loss but also emotional hardship.
6.
On the other hand, during the hearing, Respondent No. 1 argued that the subject plot does
not fall entirely within his scope of control, citing a complex ownership structure involving 14
landowners, of which 4 are partners. It was submitted that a cheque had already been issued
towards refund, and that Respondent No. 2 has shown willingness to proceed with the
registration, which is currently impeded due to ambiguity in land ownership.
7. This Authority has perused the material on record and observes that the Complainant had
entered into an agreement of sale with Respondent No. 2 concerning Plot No. 136, and that full
payment has been made and acknowledged. These facts are not disputed by the Respondent 2.
The agreement entered with Respondent 2 creates a legitimate expectation of transfer of title
by way of registration.
Page 2 of 3
8.
Prima facie, the Complainant has established a credible case. In view of the unregistered
status of the plot despite payment, and the admitted internal disputes and ownership
ambiguities cited by Respondent No. 1 and 2, there exists a genuine apprehension that the said
plot may be alienated to third parties during the pendency of the proceedings, thereby
frustrating the Complainant’s lawful claim.
9.
In light of the above facts, materials on record, and the balance of convenience, this
Authority is of the considered view that an interim direction is necessary to prevent any thirdparty interest being created, and to ensure that the Complainant’s rights are not rendered
infructuous by any unilateral action of the Respondents.
10.
Accordingly, this Authority hereby directs Respondents as follows:
a) Upon the request of the Complainant, Respondents No. 1 and 2 are restrained from
creating any third-party interest, alienating, or parting with possession in any manner
whatsoever, in respect of Plot No. 136, admeasuring 198 square yards, situated in
Survey Nos. 15/E/AA, 15/E/AA1, 26/AA1, 24, and 19, at Ameerpet Village,
Maheshwaram Mandal, Ranga Reddy District
b) The Respondents shall maintain status quo in respect of the subject plot and shall not
undertake any transaction, development activity, or encumbrance thereupon till the final
disposal of the present complaint.
11. Non-compliance with the directions contained herein shall attract appropriate action under
the applicable provisions of the RE(R&D) Act.
12. Matter listed for further hearing on 12.06.2025.
Sd/-
Sd/-
Sd/-
Sri. K. Srinivasa Rao,
Hon’ble Member
TG RERA
Sri. Laxmi Naryana Jannu,
Hon’ble Member
TG RERA
Dr. N. Satyanarayana, IAS (Retd.),
Hon’ble Chairperson
TG RERA
Page 3 of 3
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