BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

C.C.No.79 OF 2023 Between:

1. Smt. Usha Rani Eskepalli, W/o. Datla Pridhvi Varma, Aged about: 31 years, Occ: Private Service, R/o. Flat No.A-507, Block-A, Maruthi Elite Gated Commuinity, Sy. No.337, NIzampet, Qutubullapur, Medchal-Malkakgiri District – 500090, Cell: 9182178517.

2. Mr. Datla Prudhvi Varma, S/o. Venkata Subbaraju, Aged about: 35 years, Occ: Private Service, R/o. Flat No.A-507, Block-A, Maruthi Elite Gated Commuinity, Sy. No.337, NIzampet, Qutubullapur, Medchal-Malkakgiri District – 500090, Cell: 9885185855.

3. Mr. Chnintalapati Phani Varma, S/o. Chintalapati Ramachandra Raju, Aged about: 32 years, Occ: Private Service, R/o. Flat No.D-103, Block-D, Maruthi Elite Gated Commuinity, Sy. No.337, Sai Nagar Road, Opp: Sri Chaithanya Jr. College, NIzampet, Qutubullapur, Medchal-Malkakgiri District – 500090, Cell: 9849081345.

… Complainants And

1. M/s. Maaruthi Builders & Developers, Rep. by its Managing Partner, Ch. Gandhi Chowdary, S/o. Late. Ch. Chenchaiah, Aged about: 64 years, Occ: Business, R/o. H.NO.215/5, Balamrai Society, Mahendra Hills, Secunderabad – 500026.

2. The Maruthi Elite Residents Owners Mutually Aided Cooperative Maintenance Society Ltd., Rep. by its Vice-Chairman, Vaddi Sivannarayana Reddy, S/o. Vaddi Lakshminarayana Reddy, Aged about: 42 years, Occ: Private Employee, R/o. Flat No.402, A-Block, Maruthi Elite Apartments, Journalist Colony, Nizampet, Medchal-Malkajgiri District, Telangana – 500090.

…Opposite parties Counsel for the Complainants : M/s. V. Gourisankara Rao Counsel for the Opposite Party No.1 : M/s. V. Siddharth Goud Counsel for the Opposite Party No.2 : M/s. Devineni Radha Rani QUORUM: HON’BLE SRI K.RANGA RAO - PRESIDING OFFICER-

MEMBER - (JUDICIAL).

&

HON’BLE SMT.R.S.RAJESHREE, MEMBER (NON JUDICIAL).

TUESDAY, THE SEVENTEENTH DAY OF JUNE, TWO THOUSAND TWENTY FIVE ORDER: (PER HON’BLE SMT. R.S. RAJESHREE, MEMBER, N-JUDICIAL)

1. This is a complaint filed by the Complainants U/s. 47(1)(a)(i) of Consumer Protection Act,2019, on 02.09.2023 against the Opposite Party No.1 to direct him as follows:-

(i) To handover the Club House (consisting of G+4) in “MARUTHI ELITE”, situated at Sy. NO.337, Nizampet Village, Bachupally Mandal, Medchal-Malkajgiri District to the Opposite Party No.2 society.

(ii) To pen the 2^nd gate/exit gate in Maruthi Elite for free movement; (iii) To provide Amphitheatre. (iv) To provide watchmen rooms in each block. (v) To provide parking tiles.

(vi) To provide Ozoniser to Sewerage Treatment Plant.

(vii) To pay compensation of Rs.5,00,000/- to each complainants.

(viii) To pay costs of Rs.1,00,000/- and pass such other order or orders which the Hon’ble Commission deems fit and proper under circumstances of the case.

2. Brief facts of the case: The case of the Complainants is that the Opposite Party No.1 had issued wide publicity through colourful brochures representing the general public that they are constructing a residential gated community under the name and style “Maruthi Elite” situated at Sy. No.337, Nizampet Village, Bachupally Mandal, Rangareddy District, consisting of 5 blocks i.e., A, B, C, D & E. Each block consist of stilt + 5 upper floors the total number of flat put together in all the five blocks consisted of total 260 flats. The Opposite Party No.1 had represented they have obtained approval from HMDA vide permit No.103391/P4/PLG/H/2013, dated 22.07.2016. The Opposite Party No.1 further represented that they would provide common amenities such as swimming pool with kids pool, multi- purpose hall, well equipped gym, Yoga/Dance hall, provision for super market, jogging track, full-fledged children play area, amphitheatre, intercom facility, CCTV surveillance and further promised to construct separate entry and exit gates and also a club house at the entrance. Being lured by all such promises made by Opposite Party No.1 the Complainants agreed to purchase flat in the project being developed by Opposite