Order Complaint No.47 of 2025

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Date:16 October, 2025
Quorum:

Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member
Complaint No. 44/2025/TG RERA

Gangoni Madhuri w/o Gangoni Tulasiram
(R/o 11-20-34/101, Jaya Apartments, Huda Complex, Saroor Nagar, Hyderabad 500035)
…Complainant
Versus
1. M/s. Krithika Infra Developers
(Office at 3rd Flr, X Rd. beside Bahar Café, Opp. HP Petrol Pump LB Nagar, Hyderabad,
Telangana -500074)
2. Mr. D. Gopal, Managing Partner
(Office at 3rd Flr, X Rd. beside Bahar Café, Opp. HP Petrol Pump LB Nagar, Hyderabad,
Telangana -500074)
3. Mrs. Radha Bukya
(Office at 3rd Flr, X Rd. beside Bahar Café, Opp. HP Petrol Pump LB Nagar, Hyderabad,
Telangana -500074)
4. Mr. D. Srikanth
(Office at 3rd Flr, X Rd. beside Bahar Café, Opp. HP Petrol Pump LB Nagar, Hyderabad,
Telangana -500074)
5. Mr. D. Sashikanth
(Office at 3rd Flr, X Rd. beside Bahar Café, Opp. HP Petrol Pump LB Nagar, Hyderabad,
Telangana -500074)
…Respondents
Complaint No. 45/2025/TG RERA
Harikumar Pannarasa
(5th floor, Pent house, Sri Rajeswri castle, Near Ravinder Reedy function Hall, Nallagandla,
Hyderabad 500019)
…Complainant
Versus
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The present matter filed by the Complainants herein came up for hearing on 26.06.2025

before this Authority in the presence of the Complainants in persons and none for Respondents
despite service of notice and after hearing the arguments by the Complainants it was set ex
parte on 26.06.2025, and after hearing the Complainants, this Authority passes the following
ORDER:
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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 “Act”) read
with Rule 34(1) of the Telangana Real Estate (Regulation and Development) Rules, 2017
(hereinafter referred to as the “Rules”) seeking appropriate reliefs against the Respondents.
A. Brief Facts of the Case as per Form M submitted by the Complainant:
4.

It was submitted that the Complainants in cases 44/25, 45/25, 46/25, 47/25 and 48/25

had entered into separate Agreements of Sale with the M/s. Krithika Infra Developers
(hereinafter referred to as Respondent no. 1), to purchase residential flats in a proposed
project located at Survey No. 215, Boduppal Village, Medchal-Malkajgiri District. It was stated
that the Complainants were induced to purchase the flats under a "pre-launch offer" made by
the Respondent no. 1.
5.

In the matter of Complaint No. 44/25, it was submitted by the Complainant, Smt.

Gangoni Madhuri purchased a 1965 sq. ft. flat and paid the full sale consideration of
₹49,12,500/- by 29th August 2022. They entered into an Agreement of sale on the same date.
It was further stated that the Respondent no. 1 compelled her to pay an additional amount of
₹2,94,750/- on 27th February 2023 specifically for the registration of 43.6 sq. yds. of Undivided
Share (UDS) of land.
6.

In the matter of Complaint No. 45/25, it was submitted by the Complainant, Sri P.

Harikumar, that he purchased a 1215 sq. ft. flat, paid the full sale consideration of ₹26,70,000/by 11th July 2022 and entered into an Agreement of Sale on 25.09.2022. It was stated that an
agreement was made to register 26.6 sq. yds. of UDS land in his name.
7.

In the matter of Complaint No. 46/25, it was submitted by the Complainant, Sri Thogari

Kranthi Kumar, that he purchased flat no. A-408 (1594 sq. ft.) and paid the full consideration
of ₹33,00,000/- by 5th January 2022. The agreement, dated 29th January 2022, reportedly
promised delivery of the property within two years.
8.

In the matter of Complaint No. 47/25, it was submitted by the Complainant, Sri Devaraj

Parasannanavar, that he purchased flat no. B-101 (1325 sq. ft.) for a total consideration of
₹53,00,000/-. He stated that he made a part payment of ₹19,00,000/- by 6th June 2022, with
the balance to be paid via a home loan upon handover of the flat. He entered into an Agreement
of Sale on 20.06.2022.

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In the matter of Complaint No. 48/25, it was submitted by the Complainant that they

purchased flat no. A-101 (1350 sq. ft.) in the project, named "Sheshadri's Silver Oak," and paid
the full and final consideration of ₹33,75,000/-. The agreement, dated 28th February 2022,
allegedly promised delivery within two years. It was further contended that after continuous
pursuit, the Respondent no. 1 promised to register 30 sq. yds. of UDS land as a guarantee
against the consideration paid.
10.

A common contention across all complaints was that the Respondent no. 1 had failed

to commence any construction work on the site as of the date of filing the complaints. It was
alleged that despite the promised handover dates, May 2024 for Complaint No. 44/25,
December 2024 for Complaints No. 45/25 and 47/25, and by early 2024 for Complaints No.
46/25 and 48/25, there had been no progress at all.
11.

It was further alleged by the Complainants that the Respondent no. 1 had not obtained

any of the mandatory approvals for the project, including construction permits and registration
with the Telangana Real Estate Regulatory Authority (RERA).
12.

It was submitted by the Complainants that the Respondent no. 1 had failed to register

the UDS of land in the names of the Complainants, despite having collected substantial
payments and, in some cases, specific charges for the registration. The Complainants stated
that when they pressed the matter, the Respondent no. 1 allegedly admitted that they did not
have the land in their possession to carry out the registration.
B. Reliefs Sought
13.

Accordingly, the Complainants had sought the following reliefs:

i.

Instruct the Promoters to register the land to the non-register member

ii.

Instruct the Promoters to get the RERA registration

iii.

Instruct the promoters to develop the development works at the earliest.

iv.

If the above 1, 2 & 3 points are not possible then we would request the RERA Authorities
to issue the orders in this matter to get the full refund as the above said amount with
interest from the date of full payment as per the govt. norms.

v.

Till the time of the refund process, the M/s. Krithika Infra Developers should not engage
in any activity of selling the land or cancelling the Development agreement with
registered members.

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Request the RERA Authorities to give the timelines for the above request, as we are
paying the interest.

C. Points for Consideration
14.

The following issues arise for consideration by the Authority:
I.

Whether the Respondent no. 1 Violated Sections 3 & 4 of the RE(R&D) Act, 2016
by not registering the project, Sheshadri's Silver Oak?

II.

Whether the Complainants are entitled to the reliefs? If yes, to what extent?

D. Observations of the Authority
15.

The record clearly indicates that despite due service of notice through registered post

and substituted service, the Respondents have failed to appear before this Authority, nor have
they filed any written response or made any representation to contest the allegations made by
the Complainants. Such persistent non-appearance and failure to respond, despite repeated
opportunities afforded, demonstrate a deliberate disregard for the proceedings of this Authority.
Therefore, after being satisfied that due process was duly followed and all procedural
requirements were complied with, this Authority was constrained to proceed ex parte against
the Respondents by order dated 26.06.2025.
POINT I
16.

The Agreements for Sale and supporting documents placed on record by the

Complainants in Complaint Nos. 44/25, 45/25, 46/25, 47/25, and 48/25 clearly establish that
the Respondent No. 1, M/s. Krithika Infra Developers, had launched and marketed a project
titled “Sheshadri’s Silver Oak” proposed to be developed at Survey No. 215, Boduppal Village,
Medchal–Malkajgiri District, Telangana. The land admeasuring approximately 13,658 square
yards (about 11,418 square meters), as revealed through the documents and representations,
was intended to host multiple residential apartments across several blocks. The Complainants
were each allotted separate flats under individual agreements executed between January 2022
and February 2023, for which substantial payments were made by each Complainant towards
the total sale consideration.
17.

It is evident from the above that the area of land involved in the proposed project far

exceeds 500 square meters, and the number of apartments proposed clearly surpasses the
threshold of eight units. Therefore, the project does not fall within the ambit of exemption
prescribed under Section 3(2) of the Real Estate (Regulation and Development) Act, 2016
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Further, under Section 4 of the RE (R & D) Act, 2016, every promoter is obligated to

submit an application for registration of a real estate project, enclosing all requisite documents
and disclosures as prescribed under the Telangana Real Estate (Regulation and Development)
Rules, 2017. In the present case, there is no evidence on record to show that the Respondent
no. 1 had ever applied for such registration. On the contrary, the material before this Authority
clearly shows that the Respondent No. 1 has entered into multiple Agreements of Sale with
different allottees, collected substantial sale consideration, and even undertaken to register
undivided shares of land, all without obtaining prior registration. Such conduct amounts to a
direct contravention of Sections 3 and 4 of the RE (R & D) Act, 2016.
19.

The actions of Respondent No. 1, launching a “pre-launch offer,” advertising, accepting

bookings, executing sale agreements, and collecting payments without registration, constitute
grave statutory violations. These actions defeat the very objective of the Real Estate
(Regulation and Development) Act, 2016, which is to ensure transparency, accountability, and
protection of consumer interests in the real estate sector. The said non-compliance with the
mandatory registration provisions renders the entire transaction illegal and voidable at the
instance of the allottees.
20.

In light of the above discussion, this Authority holds that the Respondent no. 1 has

clearly violated the provisions of Sections 3 and 4 of the Real Estate (Regulation and
Development) Act, 2016. The Respondent no. 1 is, therefore, liable for penal action under
Section 59 of the RE (R & D) Act, 2016 for having advertised, marketed, sold, and entered into
agreements for the sale of flats in the unregistered project “Sheshadri’s Silver Oak.” This
conduct not only undermines the statutory objectives of the RE (R & D) Act, 2016 but also
causes serious prejudice to the rights and financial security of the allottees.
21.

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. A
penalty of ₹9,96,050/- (Rupees Nine Lakhs Ninety-Six Thousand and Fifty Only) was imposed
on the same Respondents for violation of Sections 3 and 4 of the RE(R&D) Act, 2016 for the
same project. Therefore, the issue of unregistered development by the Respondent-promoter in
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Further, this Authority, in its Order in Complaint No. 86 of 2025 dated 16.10.2025, has

declared the Respondent No. 1/Promoter, M/s Krithika Infra Developers, as a “defaulter” for
continuous and willful violations of the provisions of the Real Estate (Regulation and
Development) Act, 2016. Accordingly, all developmental activities undertaken by the said
Respondent no. 1 are to be terminated with immediate effect, and the Respondent No.
1/Promoter is restrained from carrying out any further advertisement, marketing, booking, sale,
or offer for sale of any apartment or part thereof in the said project or any other projects in the
future, in any manner whatsoever. The relevant portion of the above-mentioned order reads as
follows:
Para 23. Further, the Respondent has consistently exhibited wilful contempt
for the authority. Despite due service of notices, publication of public notice,
and repeated opportunities, the Respondent has failed to appear, file replies,
or offer any explanation. Such recalcitrant conduct demonstrates wilful
disobedience, procedural evasion, and a premeditated intention to obstruct
justice and subvert regulatory oversight. The Respondent’s conduct strikes at
the very root of the regulatory mechanism envisaged under the RE(R&D) Act,
thereby undermining the faith of allottees and the integrity of the real estate
sector.
Para 24. In light of the above, and considering the grave, continued, and wilful
violations of statutory obligations, coupled with the malafide intent to deceive
and defraud the public at large, this Authority is constrained to hold that the
Respondent has engaged in malpractice, unfair trade practice, and deliberate
misrepresentation within the meaning and spirit of the Real Estate (Regulation
and Development) Act, 2016
Para 25. Accordingly, in exercise of the powers conferred under Sections 37
and 38 of RE(R&D) Act, 2016, and in the larger public interest, this Authority
hereby declares Respondent No.1, M/s. Krithika Infra Developers, to be a
“defaulter” and a habitual violator of the provisions of the RE(R&D) Act.
Consequently, the Respondent, including its directors, partners, and associated
entities, is prohibited from undertaking, advertising, marketing, booking,
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The Complainants in the present set of complaints have uniformly sought refund of the

amounts paid towards purchase of flats in the proposed project titled “Sheshadri’s Silver Oak”,
together with applicable interest, on account of the Respondent No. 1’s failure to commence
construction, register the project under the Real Estate (Regulation and Development) Act,
2016 and fulfil the promises made under the respective Agreements for Sale.
24.

Upon perusal of the material on record, it is observed that each of the Complainants has

placed on record proof of payment of substantial sale consideration to Respondent No. 1 under
the said agreements. Respondent No. 1, despite collecting such consideration, has neither
commenced the construction activity nor registered the project with this Authority. The record
further indicates there is no progress at the project site.
25.

In such circumstances, where the promoter has failed to register the project, has not

commenced construction, and has also defaulted in fulfilling the terms of the agreement, the
allottee becomes entitled to seek refund of the entire amount paid along with applicable interest,
as provided under Section 18(1) of the RE (R & D) Act, 2016 read with Rule 15 of the
Telangana Real Estate (Regulation and Development) Rules, 2017. The said provision squarely
applies to the facts of the present case.
26.

In view of the foregoing, and considering the deliberate inaction of Respondent No. 1

despite receipt of full or substantial consideration from the Complainants, this Authority is of
the opinion that the Complainants are entitled to refund of the amounts paid by them towards
purchase of their respective flats, along with interest at the rate prescribed under Rule 15 of the
Rules, 2017, i.e., SBI MCLR (8.75%) + 2% = 10.75% per annum, calculated from the
respective dates of payment till the date of actual refund.
27.

Accordingly, Point II is answered in the affirmative.

D. Directions of the Authority.
28.

In view of the findings recorded under Points I and II above, and in exercise of the

powers conferred under Sections 37 and 38 of the Real Estate (Regulation and Development)
Act, 2016, this Authority issues the following directions to the Respondent no. 1:

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The Respondent no. 1 is hereby directed to refund to the respective Complainants the
amounts received towards the purchase of flats in the unregistered project titled
“Sheshadri’s Silver Oak”, together with interest at the rate of 10.75% per annum (being
SBI MCLR of 8.75% + 2%) in accordance with Rule 15 of the Telangana Real Estate
(Regulation and Development) Rules, 2017, calculated from the respective dates of
Agreement of Sale till the date of actual refund, as follows:
•

To the Complainant in Complaint No. 44/2025/TG RERA, refund ₹49,12,500/(Rupees Forty-Nine Lakh Twelve Thousand Five Hundred Only) plus the amount
collected for registration purposes i.e., ₹2,94,750/- along with applicable interest;

•

To the Complainant in Complaint No. 45/2025/TG RERA, refund ₹26,70,000/(Rupees Twenty-Six Lakh Seventy Thousand Only) along with applicable interest;

•

To the Complainant in Complaint No. 46/2025/TG RERA, refund ₹33,00,000/(Rupees Thirty-Three Lakh Only) along with applicable interest;

•

To the Complainant in Complaint No. 47/2025/TG RERA, refund ₹19,00,000/(Rupees Nineteen Lakh Only) along with applicable interest; and

•

To the Complainant in Complaint No. 48/2025/TG RERA, refund ₹33,75,000/(Rupees Thirty-Three Lakh Seventy-Five Thousand Only) along with applicable
interest.

ii.

The aforesaid refunds shall be made by the Respondent no. 1 within a period of 30
(thirty) days from the date of this Order.

29.

As a result, all the above complaints are disposed of in terms of the directions contained

herein. No order as to costs.

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

Sd/Sri Laxmi Narayana Jannu,
Hon’ble Member,
TG RERA

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

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