BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD C.C.55/2024 Between :

Smt. K.Vijaya Lakshmi, W/o Sri K.Parandhamachari, Aged about : 63 years, Occupation :

R/o Seven Hills, Seshadri Block, Flat No.108, Nizampet Road, Kukatpally, Malkajgiri District, Hyderabad- 500 085, Telangana State.

…..Complainant And :

1. M/s V.R. Constructions & Developers, Rep. by its Proprietor Smt. Rajeswari Yarragorla, D.No.3-67 76 12, 13 MR, 501, Venkateswara Nagar, Nallagalla Road, Sherilingampally, Ranga Reddy District -500 019, Telangana State.

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2. Smt. Rajeswari Yerragorla, W/o C.H.Venkateswara Rao, Aged Major : Occ.: Business, R/o D.No.3-67 76 12, 13 MR, 501,Venkateswara Nagar, Nallagalla Road, Sherilingampally, Ranga Reddy District -500 019, Telangana State.

3. C.H.Venkateswara Rao, S/o Sri Buchi Raju, Age : about 55 years, Occ.: Lab. Assistant, Central University, Hyderabad (Govt. Servant), R/o D.No.3-67 76 12, 13 MR, 501, Venkateswara Nagar, Nallagalla Road, Sherilingampally, Ranga Reddy District -500 019, Telangana State.

…..Opposite Parties Counsel for the Complainant : M/s DDR Associates.

For the Opposite Party No.1 : Notice served.

Counsel for the Opposite Parties No.2 & 3 : M/s K.Vijay Kumar QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…..IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHU BABU….MEMEBER-JUDICIAL TUESDAY, THE 29^TH DAY OF APRIL TWO THOUSAND TWENTY FIVE *******

Order: Per Hon’ble Smt.Meena Ramanathan, I/c President

1. This complaint is filed by the complainant U/s.47 of the Consumer Protection Act, 2019, praying this Commission to direct the opposite parties No.1 to 3 :

(i) to complete the construction and deliver flat No.’s 401, 402 and 403, falling to the share of the complainant with all amenities as promised along with Occupancy Certificate OR In alternative to pay an amount of Rs.36,04,391/- towards completion of construction which is as on the date of filing of this complaint, the same has to be calculated with estimate till date of payment.

(ii) to pay Rs.10,000/- to each flat per month towards rent from the date of default i.e. 01.11.2022 to till date of payment as mentioned in the development agreement.

(iii) to pay an amount of Rs.5,00,000/- towards compensation.

(iv) to pay an amount of Rs.3,00,000/- towards mental agony suffered by complainant.

(v) to pay an amount of Rs.50,000/- towards costs of the complaint.

(vi) to pay above said amount along with 24% interest per annum from the date of receipt till date of payment.

(vii) To pass such other order or orders as this Commission may deem fit and proper in the interest of justice and equity.

2. The brief facts of the case are that the complainant is the owner of the plot No.9, admeasuring 300 sq. yards situated at Ammenpoor, Nizampet. The opposite parties approached the complainant to undertake to develop the said plot along with four plot owners by name G.Srinivasa Rao, C.Madhavi, D.Vijaya Lakshmi and S.Mowneswari, agreeing to construct residential flats on open plots of all the 05 plot owners put together total area admeasuring 1310 sq. yards or 1090 sq. meters in S.No.550/EE of Ameenpur Municipality promising to deliver the completed flats with all amenities to all the five plot owners on or before 29.10.2022 (including grace period) and promised to deliver the flats falling to their respective share of the complainant and others within time as per the terms and conditions of the agreement. All the above said plot owners entered in to a development agreement with the opposite parties on 05.02.2020 agreeing to construct residential apartment by name “MANIKANTA” with 02 blocks A & B and that in the “A” Block the flat No.’s 401 with 1500 sft. and car parking of 100sft and undivided share of the land USD is 60.7 sq. yards undivided share of land and flat No.403 only 152 sq. ft. was allotted as per the land share of the complainant, in “A” block in Manikanta Gold situated at Ameenpoor Municipality, Sangareddy Dist. Telangana. Subseqnetuly, the opposite parties have sold th