Hyderabad: The Telangana Real Estate Regulatory Authority (TG RERA) has directed initiation of penalty proceedings against Pacifica Constructions Private Limited for booking and allotting a flat nearly two years before registering its Aavas Hyderabad project under the Real Estate (Regulation and Development) Act.In its recent order in a complaint, the authority found that the promoter had booked and allotted a flat in 2017, while the project obtained RERA registration only in 2019. It held that the transaction violated Section 3 of the Act, which prohibits promoters from advertising, marketing, booking, selling or offering units in an unregistered real estate project.The complaint was filed by Bachupally residents Nitika Saraf and Vishal Saraf against Miyapur-based Pacifica Constructions.Allottees allege delay, quality defectsThe complainants said an agreement for sale was executed on April 15, 2019, requiring the promoter to hand over the flat within 60 months. They alleged that possession was not given by April 2024 and that the apartment was not fit for occupation as the project lacked an occupancy certificate and basic services such as water, gas and electricity.They also alleged deficiencies in the walls, ceilings and doors noticed during a visit to the apartment and sought an independent third-party inspection of the construction quality.The complainants further challenged penalty charges allegedly linked to a previous allottee, contending that these dues were not disclosed when the flat was booked or transferred to them. They accused the promoter of seeking club membership charges despite initially offering the facility free of cost and of unilaterally increasing maintenance charges from ₹1.25 to ₹3.50 per sq ft.They also alleged that the promoter had deviated from the approved layout by replacing basement building parking with hydraulic parking.Promoter cites Covid extension, sale deedPacifica Constructions sought dismissal of the complaint, terming it vexatious and non-maintainable. It said a registered sale deed had been executed on Dec 3, 2025, and that the complainants had accepted the apartment without reserving their right to claim damages.The company denied any delay, arguing that the contractual completion period had been extended by 18 months because of the Covid-19 pandemic, shifting the deadline to April 15, 2026. It said the occupancy certificate had been issued on Sept 12, 2025.The promoter also contended that the complainants had delayed payments and were, therefore, not entitled to waiver of late-payment charges. It defended the increase in maintenance charges to ₹3.60 per sq ft, citing a rise in operational expenses since the 2019 agreement.It further argued that an individual allottee could not seek relief on behalf of the entire residents’ society, including a direction to make the “entire society liveable”.Possession plea becomes infructuousTG RERA held that the complainants’ request for possession no longer survived after registration of the sale deed. However, it restrained the promoter from recovering from them any penalty charges relating to the previous allottee.Separately, taking note of the flat having been booked and allotted before the project’s registration, the authority ordered initiation of penalty proceedings against the promoter for violation of Section 3 of the Real Estate (Regulation and Development) Act.
