BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

C.C.55/2023 Between :

Mr. Shaik Ahammad Ali Baba, S/o. Shaik Darga Saheb (Late), Aged about: 36 years, Occ: Software Engineer, Plot No.77-80, Flat No. 504, Om Ananda Nilayam Apartments, Shilpa Enclave, Friends Colony, Chandanagar, Hyderabad – 500050, Cell No. 9553559666 (Whatsapp), Email: sk.ahammad25@gmail.com.

…Complainant And M/s. Sahiti Infratec Ventures Pvt. Ltd., Rep. through its Managing Director, Plot No.1222, #8-2-293/82/A/1222/F4, 4th Floor, Co-operative House Building Society Ltd., Road No.36, Jubilee Hills, Hyderabad, Telangana-500033, Cell No.8862812345, 8863812345, Email: sales@sahitigroup.com, supportcentre@sahitigroup.com.

…Opposite party Counsel for the Complainant : Mr. Shaik Ahammad Ali Baba (PIP)

Counsel for the Opposite party : Set-Exparte QUORAM : Hon’ble Sri K. Ranga Rao, Member (M-J), &

Hon’ble Smt.R.S.Rajeshree, Member (N-J)

TUESDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND TWENTY FOUR ORDER : (PER HON’BLE SRI K. RANGA RAO, MEMBER-JUDICIAL)

1. This complaint is filed by the complainant by name Mr. Shaik Ahammad Ali Baba U/s.47 of C.P. Act, 2019, against the opposite party M/s. Sahiti Infratech Ventures Pvt. Ltd., rep. by its Managing Director, Mr. Boodati Lakshmi Narayana for the following reliefs i.e., to direct the Opposite Party :-

(i) To refund the full amount of Rs.53,59,500/- with interest @12%

p.a., from on 28.01.2021 till the date of realization;

(ii) To pay compensation of Rs.6,00,000/- towards inconvenience, mental agony and harassment and losses due to lost opportunities to invest in other property elsewhere.

(iii) To pay costs of Rs.25,000/- and to pass such other order or orders as this Hon’ble Commission deem fit and proper in the circumstances of the case.

2. The succinct facts of the complaint are that the Complainant is a Software Engineer R/o. Chandanagar, Hyderabad. Opposite Party is a company dealing in real estate business and through its several employees made vide publicity of the special features of the residential flats to be constructed in the venture by name “Sahiti Sarvani Elite project” a world class gated community in Sy. No. 343/8, 9, 11, 12 & 343/13 situated at erstwhile Ameenpur Village, Patancheru Mandal, Sangareddy District, presently Ameenpur Village and Mandal Sangareddy District of Telangana State.

3. The complainant lured by the vide publicity of the opposite party with an intention to purchase a flat of his own, booked/agreed to purchase flat No.1601, Tower No.09 in 26^th Floor of “Sahiti Sarvani Elite project”, with built up area of 1980 Sq.ft in tower No.9 inclusive of common areas along with undivided share of land admeasuring 37 Sq.yards in the schedule property, for consideration of Rs.53,79,350/-. The Complainant has paid the entire sale consideration on different dates as mentioned below.

(a) By net banking ref. No.000443140359 dt.28.01.2021 for Rs.2,00,000/- from my HDFC Bank. I received receipt No.7190 dt.28.01.2021 against this payment. (b) By net banking ref. No.000179758365 dt.30.01.2021 for Rs.2,00,000/- from my HDFC Bank. I receive receipt No. 7243 dt.30.01.2021 against this payment. (c) By net banking ref. No.000186957231 dt.30.01.202178 dt.01.02.2021 against this payment. (d) By net banking ref. No.000383324578 dt.08.03.2021 for Rs.10,00,000/- from my HDFC Bank. I receive receipt No. 7810 dt.08.03.2021 against this payment. (e) By net banking ref. No.000242018542 dt.17.03.2021 for Rs.7,00,000/- from my HDFC Bank. I receive receipt No. 7274 dt.17.03.2021 against this payment. (f) Cash of Rs.31,59,500/- against receipt No.1447 dt.20.03.2021.

Total amount paid to Opposite Party is Rs.53,59,500/-.

4. The opposite party after receipt of the whole of the sale consideration, executed a memorandum of understanding on 01.04.2021, acknowledging the receipt of the entire sale consideration amount and further promised to obtain all necessary permissions for construction of the comp