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Before the State Consumer Dlsputes Rodroswal Commlaslon
(constituted under the Consuer Proteotlon Aot, 2019)
of Telangana, Bruvaka Bullding, Khalrathabad at Hyderabad
FA NO.588 OF 2014 AGAINST cC NO.68 r 2013
ON THE FILE OF DISTRICT COMMI88ION, RANGARUDDY
Between:
Smt P.Rrishnaveni W/o P.Pracleep,
aged 36 ycars, Occ: Doctor,
R/o Plat No.210,
P.Pradeep S/o P.Suryuprakaslh,
aged 38 ycars, Occ: Doctor,
R/o Flat No.301,
Both R/o Laxminarayana Villa
Apartments, Opp: Aramghar,
Shivrampalli, Rangareddy district-52.
Appellants/Complainants
And
Gotte Anil S/o late Clotte Narayana,
)
aged 63 years, Flat No. 116,
Gotte Anand S/o late Gotte Narayanu,
2) aged 61 years, Flat No.216,
Both R/o Laxminarayana Villa
Residential Complex, Aramghar
X-Road, Katedan, Rajendra Nagar
Municipality, Rangareddy district - 52.
P.Surya Prakash S/o P.Veeraiah,
aged 62 years, Occ: Busincss,
R/o 6-3-166/618 (Flat No.618),
Laxminarayana Villa,
Aramghar Cross Road,
Sivarampally, Hyderabad - 52.
.Respondents/Opposite partics
Smt. P.Balamani W/o P.Suryaprakash,
aged 53 years, Occ: Housewifc,
R/o Flat No.310,
M.Sikander Baig S/o M.A. Baig,
aged 58 years, Oc: Employee,
R/o Flat No.406,
All are R/o Laxminarayana Villa
Apartments, Opposite : Aramghar,
Shivrampalli, Rangareddy district-52.
(Respondents 4 & 5 are proforma partics)
.Respondents/Complainant No.4 and 5
Counsel for the Appellants
Sri A.Jayaraju
M/s Gogineni Krupachand-R1,
R2 and R6.
Counsel for the Respondents
Sri G.Prabhakar Reddy-R3 & R4
CORAM:
President
Hon'ble Sri Justice MSK Jaiswal
and
Smt Meena Ramanathan
Member
Wednesday, the Twenty Second day of
December Two Thousand Twenty One
Oral Order
***
This is an appeal preferred by the unsuccessful Complainants 1 to
3 aggrieved by the orders dated 09.07.2014 passed by the District
Consumer Forum, Rangareddy in CC No.65/2013 in dismissing the
complaint as frivolous with costs of Rs. 10,000/- to be payable to the
Opposite parties 1 and 2.
For the sake of convenience, the parties are referred to as arrayed
2) in the complaint.
The Appellants herein who were the Complainants 1 to 3 in the
3) complaint before District Forum along with Respondents 4 and 5 herein
have filed the complaint which is the subject matter of appeal contending
that they are the absolute owners and possessors of flat Nos.112, 204,
209, 210, 301 and 310, situated at Laxminarayana Villa Apartments.
The Opposite parties 1 and 2 were the owners and possessors of open
land admeasuring Ac.1-22 guntas i.e., 7502 square yards in survey
No.74/E, Katedan village which they designed for construction of
residential apartments and obtained permission from
GHMC
for
construction of flats.
The GHMC sanctioned permission for construction of apartments
4) on a total gross FAR constructed area of 7766.5 square meters i.e., FSI
area of 5684 square meters with common area of 2082.5 square meters.
The Opposite parties have entered into a Development Agreement-cum-
GPA with Opposite party No.3 on 31.08.2005 for construction of
residential complex called Laxminarayana Villa Apartments'. When the
Complainants got measured the land on 16.09.2012, it found to be
Z476.5 square meters less. According to the Engineer's report, the lesser
area is shown at 1085.76 square yards. The Opposite parties kept the
land for themselves for their personal use and benefit for an extent o
2666 square yards towards South-eastern side, which is abutting to thne
The
present apartment with an intention to gain benefit illegally.
Opposite parties have deliberately suppressed the said fact to the
purchasers.
When asked, the Opposite party No.3 informed that the
Opposite parties promised to handover the land as per the approved plan
which they failed to leading in filing of the present complaint with a
prayer to direct the Opposite parties to handover the promised open lana
of 2666 square yards to Laxminarayana Villa Residential Complex,
