Telangana RERA: Only The Aggrieved Party Can Approach RERA

Background Fact

The complainant in this case is neither an allottee, a real estate agent, nor a landowner. He filed a complaint to bring TSRERA's attention to certain actions being undertaken by the builder (respondent), which, according to him, are in violation of the RERA 2016.

The complainant alleges that while obtaining approval from the Hyderabad Metropolitan Development Authority (HMDA), the builder executed a Simple Mortgage Deed for 10% of the total property, amounting to 8,310.43 square meters in A, B, C, and D Blocks, in favor of the HMDA Commissioner. Furthermore, the builder allegedly sold some of the mortgaged property to third parties without obtaining release permission from HMDA officials.

The complainant further alleges that although the builder was permitted to construct 2 cellars, 1 stilt, and 10 floors, it is claimed that they installed putting in C-Block, and a third cellar is currently under construction without a 'No Objection Certificate' from the State Disaster Response & Fire Services Department, contrary to HMDA rules. Moreover, in defiance of HMDA conditions, the builder completed construction of a third cellar in Block-D.

Furthermore, the complainant alleges that it is rumored that the builder entered into Agreements to Sell flats on the 11th and 12th floors of A, B, C, and D Blocks without proper permission or physical existence of these floors.

RERA Verdict

TSRERA dismissed the complaint and held that the complainant does not have any locus standi to file the present complaint as he is neither an allottee, a real estate agent, nor a landowner.

The Authority relied on the Sec 31 of RERA, 2016 which is read as follows:

Section 31: Filing of complaints with the Authority or the adjudicating officer.

(1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter allottee or real estate agent, as the case may be.

Therefore, the Authority concluded that since the complainant is not an aggrieved person, and as per the RERA 2016, only empowers any aggrieved person to file a complaint before this Authority for any violation of the RERA Act or the rules and regulations made thereunder against any promoter, allottee, or real estate agent.

In conclusion, TSRERA rejected the complaint of the complainant, holding that he is not an aggrieved party under Section 31 of RERA, 2016.

Case: Sri A. Chandrasekhara Reddy Versus M/s Ashrita Group

Citation: COMPLAINT NO.654 OF 2022

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