Hyderabad: TG RERA Orders Immediate Handover of Flat by Tulasi Constructions

Hyderabad: Telangana Real Estate Regulatory Authority (TG RERA) has issued a stringent order to Tulasi Constructions and Bhuvanteza Infra Projects Pvt. Ltd., mandating the immediate handover of a flat to a buyer who has been waiting for over two years. The buyer, V. Solman Raju, has made the full payment of ₹31,00,000, yet the flat remains unregistered and undelivered.

The Authority has held both companies jointly and severally liable to execute and register Flat No.103, Block 18, in the `Tulasi Lake Front’ project at Suraram, and to deliver peaceful physical possession to the complainant within the stipulated timeframe.

The complaint was filed by V. Solman Raju under Section 31 of the Real Estate (Regulation and Development) Act, 2016, alleging that despite making the entire agreed sale consideration of ₹31,00,000, the registration of the flat was being deliberately delayed. According to the order, the complainant initially entered into an Agreement of Sale dated December 24, 2020, with Bhuvanteza Infra Projects Pvt. Ltd., which was acting as the marketing channel partner.

Subsequently, a second Agreement dated October 17, 2022, was executed by Tulasi Constructions, acknowledging receipt of the entire sale consideration through the marketing partner. Despite this, the flat was neither registered nor possession handed over within the committed timeline.

The project obtained building permission on January 21, 2022, and secured RERA registration on April 4, 2022. As per the agreed terms, possession was to be delivered within 24 months from the date of registration, which expired on April 4, 2024. The Authority observed that even after the expiry of the committed period, the flat had not been registered nor possession handed over, amounting to a clear violation of contractual and statutory obligations.

Rejecting the plea of Tulasi Constructions that there was no privity of contract with the complainant, TG RERA noted that both agreements and payment receipts clearly established the involvement of both respondents in the transaction. The Authority held that internal financial disputes between the promoter and marketing agent cannot defeat the statutory rights of an allottee under the Real Estate Act. It emphasized that obligations under Section 17 of the Act to execute and register the conveyance deed are mandatory and non-delegable.

TG RERA also took note of multiple complaints against the respondents. It was observed that Bhuvanteza Infra Projects Pvt. Ltd. had previously been penalized Rs 8.57 lakh for violations under the Act and was declared a defaulter in another complaint in July 2025. The Authority cautioned that it would not tolerate deliberate indifference or evasive conduct by promoters seeking to shift liability through internal arrangements.

The earlier agreement had referred to the unit being marketed as a “mortgaged” unit. However, the Authority found no conclusive material on record proving the existence of a subsisting encumbrance. Accordingly, it issued conditional directions: If the flat is not under any subsisting mortgage, the respondents must execute and register the Sale Deed within 30 days from the date of the order. If the flat is under mortgage, Tulasi Constructions must first secure its release and complete registration within 15 days from the date of such release. Both respondents have been held jointly and severally responsible for compliance.

TG RERA warned that failure to comply within the stipulated timelines would attract proceedings under Section 63 of the Real Estate (Regulation and Development) Act for non-compliance, in addition to other regulatory action. With these directions, the complaint was disposed of by the Authority.