Before the State Consumer Disputes Redressal Commission (constituted under the Consumer Protection Act, 2019)

of Telangana, Eruvaka Building, Khairathabad at Hyderabad FA NO.412O F 2020A GAINST CC NO.42 OF 2017 ON THE FILE OF DISTRICTC OMMISSION,RANGAR EDDY Between:

Murali Krishna Setty S/o late Subbarao Setty, aged about 54 years, Occupation : Real Estate business, R/o Flat No. 101, Kartikeya Residency, Navodaya Colony, Kukatpally, Hyderabad - 500 072.

...Appellant/Opposite party No.2 And

1) M/s Sri Lakshmi Nilayam Residents Welfare Association, represented by its Secretary E. Shankaraiah S/o Chandraiah, R/o H.No.5-5-35/324, Flat No.502, Plot Nos. 15, 16 and 17, Saibaba Nagar Colony, Kukatpally, Hyderabad,T elangana 500 072.

.Respondent/Complainant

2) M/s Vulcan Infra Projects Dealers Developers, Representedby ^its ManagingPartner Mr.S.Murali Krishna, having its office at Shop No.4, H.No.3-6-V/99, Vivekananda Nagar Colony, Kukatpally, Hyderabad, Telangana - 500 072.

3) Mr.Ch.Ramulu S/o Ch.Venkateshwarlu, aged about 50 years, Occ: Business, Managing partner of M/s Vulcan Infra Properties Dealers Developers, having its office at Shop No.4, H.No.3-6-V/99, Vivekananda Nagar Colony, Kukatpally, Hyderabad, Telangana - 500 072.

4) Mr.S.Santeesh Reddy S/o S.Venkat Reddy, aged about 45 years, Occ: Business, Managing partner ^{of M/s} Vulcan Infra Properties Dealers Developers, having its office at Shop No.4, H.no.3-6-V/99, Vivekananda Nagar Colony, Kukatpally, Hyderabad, Telangana - 500 072.

Respondents/Opposite parties ^No.1, 3 and ⁴ Counsel for the Appellant M/s Vankina Allu & Partners Smt Malathi Naidu-R1 Counsel for the Respondents R2-Notice returned unclaimed R3-Notice returned unclaimed R4-Notice returned unclaimed CORAM:

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President Hon'ble Sri Justice MSK Jaiswal and Smt Meena Ramanathan Member Monday, the Fourteenth day of November Two Thousand Twenty Two **

This is an appeal preferred by the Opposite party No.2 aggrieved by the orders dated 11.02.2020 passed by the District Consumer Forum, Ranga Reddy in CC No.42/2017 allowing the complaint in part and directing the Opposite parties therein jointly and severally to provide for the Occupancy Certificate and other relevant documents relating to the subject apartment and to pay Rs.10,00,000/- to the Complainant's Association for getting the semi-finished works completed and also to pay Rs.25,000/- towards costs of the litigation granting time of Lwo months for compliance, failing which, to pay interest @ 12% p.a. on the awarded amount from the date of default till realisation.

2) For the sake of convenience, the parties are referred to as arrayed in the complaint.

3) It is the case of Complainant that they are the members who formed Association having purchased their respective flats from the Opposite parties in 'Sree Lakshmi Nilayam' venture promoted by the Opposite parties on the promise and assurance to provide amenities, by paying valid sale consideration as long back in the year 2013 to 2015. Though much time had elapsed, the Opposite parties failed to complete all pending works as detailed in Annexure-A appended to the complaint as per the commitment. Hence, the complaint with a prayer to direct the Opposite parties to provide the documents referred to under Annexure-B, to pay compensation of Rs.10,00,000/- and also to pay costs of the proceeding.

4)

Opposite parties failed to cause their appearance and file written version despite service of notice, hence, the Forum below proceeded with the case further.

5) During the course of enquiry before the District Forum, in order to prove their case, the Complainant got filed the affidavit evidence of E.Shankaraiah, their Secretary as PW1 and got marked the documents Ex.Al to A10.

The District Forum after considering the material available on

6)

record, allowed the complaint bearing CC No.42 of 2017, ^{by orders} dated

11.02.2020, as stated, at paragraph No.1, supra.

)Agerieved by the said orders, the Appellant preferred the present

7)

appeal contending that