TG RERA orders Aditya Construction to reimburse Pre-EMI dues in delayed Hyderabad housing project
HYDERABAD: The Telangana Real Estate Regulatory Authority (TG RERA) has directed Aditya Construction Company Private Limited to reimburse Pre-EMI amounts paid by homebuyers in connection with the delayed “Aditya Capitol Heights” residential project at Hafeezpet in Serilingampally, Ranga Reddy district.
The order was passed in a complaint filed by Anuradha Konapala and Santha Rao Jinaga, who booked Flat in the project under a Pre-EMI payment scheme offered by the builder in 2017.
The complainants alleged that the builder had promised to bear the Pre-EMI interest component on the housing loan until completion of the flat and handing over of possession. They stated that despite paying nearly ₹59.40 lakh, amounting to around 78% of the flat’s sale consideration of ₹76.03 lakh, the project remained incomplete for several years.
According to the complaint, the buyers booked the 1,610 sq ft flat on the ninth floor of A-Block under a Pre-EMI scheme after being assured of timely completion, modern amenities and quality construction.
The complainants stated that the builder initially paid Pre-EMI amounts for about nine months between May 2017 and February 2018 before discontinuing payments. They alleged that the project suffered prolonged delays and that the builder continued to demand additional payments and impose delay charges despite slow construction progress.
The Authority observed that the project, which received Greater Hyderabad Municipal Corporation approval in 2015 with a completion timeline ending March 18, 2020, had still not obtained an Occupancy Certificate.
TG RERA rejected the builder’s contention that the complaint was not maintainable because the complainants had already approached the Telangana State Consumer Disputes Redressal Commission. The Authority cited the Supreme Court judgment in Imperia Structures Ltd. vs Anil Patni & Another, which held that remedies under the Real Estate (Regulation and Development) Act, 2016 and the Consumer Protection Act can run concurrently.
The Authority held that the complainants had substantially complied with payment obligations and that the builder’s discontinuation of the Pre-EMI scheme was not justified.
It observed that the builder had already collected substantial payments in advance of corresponding construction progress and failed to complete the project within the approved timeline.
“The Respondent’s discontinuation of Pre-EMI after February 2018 despite receiving nearly 50% to 68% of the total sale consideration by that time constitutes a breach,” the Authority said in its order.
The Authority further ruled that the penal clauses in the Agreement of Sale were “one-sided” as they imposed interest of 18% to 24% on buyers for delayed payments while containing no corresponding liability on the promoter for delay in project completion.
Cancellation letter declared void
TG RERA also set aside the builder’s cancellation letter dated July 18, 2025, which purportedly cancelled the allotment of Flat during the pendency of proceedings before the Authority.
The Authority termed the cancellation “arbitrary, illegal, void ab initio, and of no legal effect”.
It directed the builder to reimburse Pre-EMI amounts actually paid by the complainants up to August 26, 2022, within 40 days.
The Authority further ordered that all delay charges and penal interest levied on the complainants before August 26, 2022, should be withdrawn.
TG RERA directed the builder to disclose the carpet area of the flat as defined under the RERA Act and provide details of the current undivided share of land attached to the apartment.
The Authority also instructed the builder to complete pending works, obtain the Occupancy Certificate and register the flat in favour of the complainants after adjustment of dues between both parties.
