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BEFORE THE TELANGANA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION: HYDERABAD.

F.A.No.837 OF 2022

AGAINST ORDERS IN C.C.No.303 OF 2021

DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION-I, HYDERABAD.

Between:

Smt. Daggubati Bhanusri W/o. Sri D. Brahma Naidu,

Aged about 55 years, Occ: Homemaker,

R/o.8-3-968/502, Meenakshi Park-side Apartment,

Opp. to HDFC Bank, Yellareddyguda,

Srinagar Colony, Hyderabad-500073.

…. Appellant/Complainant

And:

1. M/s. Sai Vasavi Realtors rep.by its Partner,

Sri Vijay Kumar Yerram, S/o Sri. Shankaraiah Yerram,

Aged about 56 years, Occ: Business,

O/o Plot No.59, Sagar Society, Road No.2,

Street No.3, Banjara Hills, Hyderabad-500034.

R/o.Plot No.32, Luxura Greens, Bowenpally,

Secunderabad-500011.

2. M/s. Sai Vasavi Realtors rep.by its Partner,

Sri. K. Rajeshwar S/o Sri. K. Ramaiah,

Aged about 54 years, Occ: Business,

O/o Plot No.59, Sagar Society, Road No.2,

Street No.3, Banjara Hills, Hyderabad-500034,

R/o.Flat No.102, Sri Mahalaxmi Sree Nivas,

Arora Colony, Banjara Hills, Hyderabad-500034.

3. M/s. Venkateshwara HAL Employees welfare

Associations, Kondapur Village,

Serilingampally Mandal and Municipality,

R.R.Dist-500050.

…..Respondents/Opposite Parties

Counsel for the Appellant/Complainant: M/s. N. Kumaraswamy

Counsel for the Respondents/Opposite Parties No.1 & 2: M/s.N. Srinivasa Rao

For the Respondent/Opposite Party No.3: Called absent.

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:QUORUM:

HON’BLE SMT JUSTICE DR.G. RADHA RANI, PRESIDENT

&

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

MONDAY, THE 18th DAY OF MAY

TWO THOUSAND TWENTY-SIX

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ORDER: PER HON’BLE SMT. R.S. RAJESHREE, MEMBER, (NON-JUDICIAL)

01) This appeal is filed U/s. 41 of the Consumer Protection Act, 2019

by the Complainant praying this Commission to set aside the order of

District Consumer Disputes Redressal Commission-I, Hyderabad dated

23.09.2022 passed in C.C.No.303 of 2021, to allow the appeal along

with costs throughout and pass such order or orders as this

Commission deems fit and proper in the circumstances of the case.

02) For the sake of convenience, the parties are described as

complainant and opposite parties as arrayed in the original complaint.

03) The case of the complainant is that, she is the absolute owner

and possessor of Plot No.92 admeasuring 300 sq. yards, situated at

Survey No.111 of Kondapur Village, Serilingampally Mandal, Ranga

Reddy District. That she has acquired the said property on 17.02.1992

by way of Registered Sale Deed bearing No.2365 from its owners Sri

K.V.G.L.V Prasad Rao, Sri K.V Tilak, Sri K. Vijay Mohan and Smt.

Abbineni Anasuya represented through their GPA holder Sri Y.B.K Rao.

The Said scheduled property is part of undivided share of total extent of

land admeasuring Ac. 57.20 Guntas held by members of M/s

Venkateshwara HAL employees Welfare Association. The opposite

parties 1 & 2 who are the Relators approached the third opposite party

with a proposal of development of the said land. Coming under the

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influence of the tall and fake claims made by the opposite party No.1 &

2 of their experience in development of housing buildings, the third

opposite party, association passed a resolution dated 15.07.2012 for

entrustment of all plots of land to its members including that of the

complainant for development into buildings comprising of apartments/

independent houses/ villas.

In pursuant of the said resolution passed by opposite party No.3,

the opposite party No.1 & 2 entered into individual development

agreement with each member of the third opposite party and in that

sequence the complainant also entered into a development agreement

titled “Development Agreement Cum General Power of Attorney” with

opposite party No.1 & 2 on 16.11.2013 vide registered document

No.1198 at Sub Registrar-II Ranga Reddy District. That even after lapse

of 7 years of execution of the said development agreement, the opposite

party No.1 & 2 failed in performing the services agreed under the said

agreement, they even failed to commence the work on the scheduled

property. That this act of not commencing t