BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

CC.NO.06/2024 Between :

Mr.Pandi Shiva Shanker S/o.Pandi Narsaiah, aged about 33 years, Occ: Private employee, Rented at: 1-4-27/72/137/A and B, 1st Floor, Kavadiguda, English Union School, Padmashali Colony, Hyderabad T.S.

Pin Code: 500080, Mobile No.9160450773.

…….. Complainant And

1. Manish Gyara, S/o.Ravinder Gyara, aged about 30 years, Occ: Assistant Medical Officer, NTPC Limited, Rep. by his GPA Holder and Father, Gyara Ravinder, S/o.G.Mallaiah (Refer Vendor No.2 herein)

Vide Regd. G.P.A. Doct.No.14176 of 2019, Regd. At S.R.O. Uppal, R/o.H.No.4-2-4/4, Ratna Nidhi Nivas, Flat No.411, B Block (Penthouse), Ambedkar Nagar, Nacharam, Hyderabad – 500076, T.S.

Mob: 8122063653.

2. Gyara Ravinder, S/o.G.Mallaiah, GPA and father of Manish Gyara, Aged about 54 years, Occ: Business, R/o.H.No.4-2-4/4, Ratna Nidhi Nivas, Flat No.411, B Block (Penthouse), Ambedkar Nagar, Nacharam, Hyderabad – 500076, T.S.

Mob: 9704157537.

3. M/s.Aadhar Housing Finance Limited Represented by its Managing Director, Office address: Old No.107/3/3 New No.9-948, Water Plant Road, Nagaram, Village Keesara Mandal, Malkajgiri District – 500083. ….… Opposite Parties 1 to 3 Counsel for the Complainant : M/s.J.Sunil Kumar Counsel for the Opposite Parties 1 to 3 : Notice served QUORUM:

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

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-Charge President)

1. This is a complaint filed by the complainant U/s. 47 of the Consumer Protection Act, 2019, praying this Commission to grant the following reliefs to the Complainant:

A. To direct the 1st & 2nd Opposite Party to handover the physical possession of flat bearing No.TF-1, in the Third Floor, bearing Municipal No.2-19-78/A/5/TF-1 of “Guru Krupa Residency”.

B. To award the compensation amount of Rs.8,02,836/-.

C. To grant such other relief(s) which the Commission may deem expedient and proper in the interest of justice and under the circumstances of the case.

2. The brief facts of the complaint are that – the Complainant being influenced by the advertisement of the Opposite Parties, agreed to purchase an unfurnished flat from the Opposite Parties in “Guru Krupa Residency” in 3^rd Floor, bearing No.TF-1, Municipal No.2-19-78/A/5/TF-1 admeasuring 1250 sft of plinth area together with the undivided share of land admeasuring 30 square yards or 25.08 square meters out of the total land admeasuring 281 square yards or 234.91 square meters, constructed in premises bearing House No.2-19-78/A/5/VLT, Plot No.2, Surevy No.784, situated at Azmathnagar, Uppal Kalan, under GHMC Uppal Circle, Uppal Mandal, Medchal-Malkajgiri District.

3. It is submitted that the total sale consideration was fixed at Rs.65,00,000/-. Out of the said amount, Rs.32,00,000/- for sale consideration of flat and Rs.33,00,000/- was fixed for furnishing the flat. The Complainant obtained loan from the Opposite Party No.3 after detailed verification of documents. A sum of Rs.49,92,338/- was sanctioned on 30.09.2022 bearing Loan A/c.No.300329338. A Sale Deed was executed in favour of the Complainant vide registered document No.19056 of 2022 on 08.12.2022 and on the same date a Memorandum of Deposit of Title Deed (MODT) was executed vide Document No.19062 of 2022 at Sub- Registrar Office, Uppal.

4. It is submitted that despite payment of the entire sale consideration, the Opposite Parties failed to handover the possession of the flat to the Complainant as per their assurance that the possession will be handed over on or before execution of Sale Deed. On failure of commitment, the Opposite Party No.2 had accommodated the Complainant on the 4^th Floor of the same apartment for time being and assured to complete the pending works and possession will be handed over in the 3rd floor in No.TF-1. However, the Opposite Parties failed to handover the poss