Order - IA 19_2024 in 117_2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
I.A. No.19/2024
in
COMPLAINT NO.117 OF 2023
10th Day of July 2024
Corum:

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

M/s Haripriya Icon Residency Owners

…Complainants

Versus
M/s Daripally Constructions
Represented by its Managing Director
Sri Daripally Chandram

…Respondent

The present Application has been filed by the Complainant herein under
Section 39 of the Real Estate (Regulation & Development) Act, 2016 came up for
hearing on 10.07.2024, wherein the Members & Office Bearers of the
Complainant Association appeared in person and the Authorized Representative
of the Respondent appeared, and upon considering the contentions of the parties
hereto the arguments, this Authority passes the following ORDER:

2.

The matter was heard at length and accordingly, following directions were

issued to the parties:
a. Regarding water purifier, the Respondents have stated that every flat owner
has to pay Rs.14,000/- (Rupees Fourteen Thousand Only) for individual

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connection to flat which shall be duly paid by each flat owner within 30 days
and upon receipt of such amounts, the Respondent shall, within 60 days,
install the water purifier as promised.
b. Regarding the capacity of water tank, about 25,000 liters and 20,000 liters
for sump has already been provided by the Respondent Builder.
c. Regarding generator, the Respondent Builder submitted that he has
provided generator catering to the common areas, lifts & for bore connection.
The Complainants are additionally asking for provision of one light and one
fan in each flat and the same shall be provided by the Respondent Builder
as per request of the Complainants and as stated in the brochure, within 30
days.
d. VDF flooring in parking to be laid by the Respondent within 60 days of the
receipt of this Order.
e. The Respondent shall provide municipal water connection to each flat within
such reasonable time as the Respondent has to take such connection from
the concerned department.

3.

Subsequently, the Complainants filed an Application under Section 39 of

the Act, 2016 on 25.05.2024 stating that, as per the Brochure issued by the
Respondent, the Respondent ought to give them Free Kangen Water worth
Rs.1.50 Lakhs with every flat. The Complainants also produced a copy of the
Brochure which clearly stated that the Respondent Builder shall provide “Free
Kangen Water worth Rs.1.50 Lakhs with every flat” on Page 4 of the said
Brochure.

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4.

During the course of hearing, the Complainants agitated on the said

subject and prayed to rectify the mistake apparent from the record, as stipulated
above, and amend the order passed by this Authority in the main Complaint by
exercising the Authority’s power under Section 39 of the Act, 2016. The
Respondent appeared and submitted that he shall install the said water purifier
within one month and submitted an Undertaking dated 10.07.2024 stating that
“as per your directions to fit the Kangen Water filter (1) in common to whole
apartment, I promise to complete the work within one month from now.”

5.

One of the office bearers of the Complainant Association, Sri Kishan Rao,

owner of flat No. 106, expressed his objection & dissatisfaction about closed grills
in front & sides of flat due to which air & ventilation was badly affected. This
Authority, during the hearing earlier, directed the Respondent Builder to remove
them, but it has not been removed so far.

6.

This Authority has considered the contentions of both the parties and

has perused the relevant material placed on record. The Authority is of the view
that, notwithstanding its vested power to amend orders upon the identification
of a mistake apparent on the face of the record by the parties, such power does
not extend to altering a substantive portion of the order. A plain reading of the
second proviso to Section 39, which states, “Provided further that the Authority
shall not, while rectifying any mistake apparent from the record, amend
substantive part of its order passed under the provisions of this Act” clearly
indicates that the Authority’s power to amend is limited to correcting minor errors
that are apparent on the record and does not extend to modifying substantive
portions of the order.

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7.

However, admittedly, the Respondent has failed to provide the amenities

as promised in the brochure such as provision of “free kangen water purifier”.
The very admission on part of the Respondent attracts provision under Section
12 which states that, “Where any person makes an advance or a deposit on the
basis of the information contained in the notice advertisement or prospectus, or on
the basis of any model apartment, plot or building, as the case may be, and
sustains any loss or damage by reason of any incorrect, false statement included
therein, he shall be compensated by the promoter in the manner as provided under
this Act”.

8.

This entails right on the allottees i.e., the Complainant Association herein

to seek compensation under the said provision by filing appropriate application
(form “N”) before the Ld. Adjudicating Officer. Therefore, if the Complainant
Association is so advised, may approach the Ld. Adjudicating Officer under
appropriate application for redressal of their grievance.

9.

Accordingly, I.A. No.19/2024 is disposed of with the directions stipulated

above.

Sd/Sri K. Srinivasa Rao,
Hon'ble Member,
TS RERA

Sd/Sri Laxmi Narayana Jannu,
Hon'ble Member,
TS RERA

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon'ble Chairperson,
TS RERA

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