IN PERSON / EMAIL

Dated:

To,

The Hon’ble Chairperson& The Hon’ble Members,

Andhra Pradesh Real Estate Regulatory Authority,

D. No. 60-5-1, Y Tower, Siddhartha Nagar, 1st Lane,

Pinnamaneni Polyclinic Road, Vijayawada – 520010.

Subject:- Collective Representation from the Unit(s) Buyer(s)for non-registration of

The Real Estate Project being developed by Harekrishna Whole Sale

Market Society– Reg.

1. Particulars of the Promoter(s) / Builder(s):

Name of thePromoter(s) / Builder(s):

a) Harekrishna Whole Sale Market Society,

Bearing Registered No. 142 / 2015
Having its registered office at Opposite Reliance Market,
Beside Best Price, Mangalagiri Road, Guntur – 1. 522001
Rep., by its President and Secretary.

b) Mr. Kothamasu Srinivasa Rao,

S/o. Venkatateswara Rao, aged about 62 years,
R/o. D.No. 5-60-1/122, 2nd Lane, Devapuram, Guntur.
The President, Harekrishna Whole Sale Market Society.

c) Mr. Sathuluri Hari Prasad,

S/o. Venkataratnam, aged about 71 years,
R/o. D.No. 9-11-65, Somuvari Street, Kothapet,
Guntur City,
The Secretary, Harekrishna Whole Sale Market Society
 Address for service of all Notices: The address of the Promoter(s) / Builder(s) for service of notices,
etc., is as shown above.

2. Jurisdiction of the Authority:

The Undersigned Buyer(s) declares that the subject matter of the present representation pertains to
non-registration of the real-estate project being developed by Harekrishna Whole Sale Market
Society with the Andhra Pradesh Real Estate Regulatory Authority (“APRERA”) and the said issue
falls within the jurisdiction of the Hon’ble APRERA. Hence the present Representation is being
made by the Undersigned Buyer(s) bringing to the Notice of the Hon’ble APRERA about the
actions/inactions of Harekrishna Whole Sale Market Society which are contrary to the Andhra
Pradesh Real Estate (Regulation and Development) Rules, 2017 (“APRERARules”) & The Real
Estate (Regulation and Development) Act, 2016 (“RERAAct”).

3. Facts in Brief:

a. It is humbly submitted that, Harekrishna Whole Sale Market Society (“HWMS”/“Promoter”)

launched a multi-storied commercial cum residential quarters building complex at Grand Trunk
Road (Mangalagiri Road), Guntur City (hereinafter referred to as “Project”).The Promoter vide
Permit No. 1021/0621/B/AN/GN/2016 dated 09.08.2016 have obtained plan and permission
from the concerned authorities for the construction of the Project. HWMS also floated brochures
detailing the specifications, master plan of the Project, amenities, etc., that would be provided to
the buyers at the Project.Attracted by the advertisements, brochures, etc., advertised by the
HWMS, the Undersignedherein have booked their respective units (such as shops, residential
units, etc.,) in the Project by remitting certain booking amounts and other installment amounts.
b. It is humbly submitted that, the modus-operandi/the nature of transaction undertaken by HWMS
with the buyers was/is, HWMS would initially sell the undivided, unspecified and indivisible
portion of the land (i.e., the Project site) through a registered sale deed(s) and pursuant to which
a construction agreement would be executed with the buyer for the construction of respective
units (such as shops, residential units, etc., as the case may be). It is not out of place here to
mention that the buyers have no equal bargaining power to negotiate terms under the Sale deed
and the Construction Agreement. HWMS insisted the buyers to execute the Sale deed and the
Construction Agreement in its current form by stating that the same was a standard format
common to each of the buyer in the Project; Accordingly various buyers have executed the Sale
deed and the Construction Agreement. The said construction agreement contains the payment
schedule and also the promised date of delivery of the respective Unit(s) (such as shops,
residential units, etc., as the case may be).

c. It is humbly submitted that, the Project consists of various floors – the ground floor, first floor&
second floor consist of shops, offices, etc., whereas the third & fourth floor consists of
residential dwelling units (quarter’s). It is also pertinent to mention here that as on today,
HWMS is yet to cast two (2) slabs and numerous construction activities are pending in the
ground, first and second floors. For Convenience, the shop’s, residential dwelling units, offices,
etc., collectively referred to as ‘Units’. As on today approx.,____ units have been sold and a
construction agreement(s) in relation to the same were executed by HWMS in favour of the
Buyer(s) and approx..,_____units were unsold and are yet to be sold.

d. It is humbly submitted that, because of various discrepancies in the construction of the Project
and because of the abnormal delay of HWMS in completing the construction of the Project, the
Buyers in the Project made numerous representations to HWMS to speedy the construction
activities of the Project and complete the Project as promised under the Construction
agreements. However, HWMS utterly failed to complete the construction of the Project till date.
The Buyers in the Project through their association requested HWMS to provide requisite
information in relation to the construction activities, etc., however, HWMS never provided any
information as sought by the buyers/association of the buyers. In view of the above, the
Buyers/Association have requested/demanded the HWMS to register the Project with the
Andhra Pradesh Real Estate Regulatory Authority for the purposes of transparency. However,
HWMS did not register the Project with APRERA till date. It is humbly submitted that, HWMS
is keeping the buyers in dark and are not providing any information to the buyers. Currently,
 HWMS stopped the construction activities and even after persistent requests from the buyers,
HWMS failed to resume the construction activities of the Project and also not providing any
information.

e. Having no other effectiveremedy left to the Undersigned Buyers, the Undersigned buyers
approached the APRERA vide this representation for justice.

f. It is humbly submitted that, Section 3 of the RERA Act provides for prior registration of the real
estate project with Real Estate Regulatory Authority.

Section 3 of RERA Act is reproduced hereunder for quick perusal of the Hon’ble APRERA

“3. Prior registration of real estate project with Real Estate Regulatory Authority. — (1) No
promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in
any manner any plot, apartment or building, as the case may be, in any real estate project or
part of it, in any planning area, without registering the real estate project with the Real Estate
Regulatory Authority established under this Act:

Provided that projects that are ongoing on the date of commencement of this Act and for which
the completion certificate has not been issued, the promoter shall make an application to the
Authority for registration of the said project within a period of three months from the date of
commencement of this Act:”

It is not a matter of controversy that the present Project was commenced prior to the enactment
of RERA Act, but the present Project falls under the category of an on-going project and the
Promoter(s) is/are obligated to register the Project with APRERA after the commencement of
RERA Act.

Section 2(O) of the APRERA Rules defines “Ongoing Project” as “a Project where
development is going on and for which Occupancy Certificate or Completion Certificate has not
been issued but excludes such Projects which fulfill any of the following criteria on the date of
notification of these rules.
1) Where roads, open spaces, amenities and services have been handed over to the local
authority in layout Projects.
2) Where all slabs are laid in housing projects
3) Where all developmental works have been completed and sale / lease deeds of 50% of the
Apartments / Houses / Plots have been executed
4) Where development works have been completed and application gas been filed to the
competent authority for issue of Completion or Occupancy Certificate.”

It is not out of place here to mention that the present Project does not fulfill any of the criteria’s
set out under the APRERA Rules for the Project to be excluded as an on-going Project. Hence it
can safely be construed that the Project is an on-going Project as contemplated under the
APRERA Rules.

Section 2(zn) of RERA Act defines “real estate project” as “the development of a building or a
building consisting of apartments, or converting an existing building or a part thereof into
apartments, or the development of land into plots or apartments, as the case may be, for the
purpose of selling all or some of the said apartments or plots or building, as the case may be,
and includes the common areas, the development works, all improvements and structures
thereon, and all easement, rights and appurtenances belonging thereto”

Section 2(e) of RERA Act defines “apartment” as “whether called block, chamber, dwelling
unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name,
means a separate and self-contained part of any immovable property, including one or more
rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on
a plot of land, used or intended to be used for any residential or commercial use such as
residence, office, shop, showroom or godown or for carrying on any business, occupation,
profession or trade, or for any other type of use ancillary to the purpose specified;”

A conjoined reading of the above provisions make it abundantly clear that the above Project is
an on-going project as stipulated under the RERA Act and the APRERA Rules and HWMS is
obligated to register the said Project with Hon’ble APRERA forthwith.
 g. It is humbly submitted that it was also brought to the knowledge of the Undersigned Buyers that
HWMS has previously applied for the registration of the Project with the Hon’ble APRERA,
however failed to submit the requisite documents/disclosures to the Hon’ble APRERA in
accordance with the RERA Act and the APRERA Rules. It was also brought to the knowledge
of the Undersigned Buyers that the Hon’ble APRERA vide Notice dated 21.10.2021 bearing
Notice: P/1090/2019/101018182337 issued a Notice to HWMS to address the shortfalls and
complete the process of registration of the Project successfully. However, HWMS utterly failed
to successfully register the Project with the Hon’ble APRERA and also keeping all the Buyers in
dark by not providing any information in relation to the construction activities, etc., and also not
completing the Project.

h. It is also humbly requested that the Hon’ble APRERA may be pleased not to impose any penalty
upon the Promoter(s)/Builder(s)/ HWMS, as such it shall impose additional burden on HWMS
who is supposed to complete the Project and who is currently not undertaking any construction
activities for lack of funds. However, the Undersigned Buyers reserve their right to claim delay
interest, compensation, etc., against HWMS / Promoter(s) / Builder(s) for the delay in delivering
the Units and the mental agony caused to the undersigned Buyers.

In these circumstances and for the reasons stated above, We the Undersigned Buyers, most respectfully
request that the Hon'ble APRERA may be pleased to

a. Suo-motoDirect the Promoter(s) / Builder(s) / HWMS to register the Project in accordance with
Section 3 of the RERA Act successfully by submitting all the requisite information and
documents as prescribed under Rule 3-A, Rule 3-B, Rule 4 of the APRERA Rules within 15
days or forthwith or within such other time as the Hon’ble APRERA deem fit and proper in the
circumstances of the present matter;

b. Suo-motoDirect the Promoter(s) / Builder(s) / HWMS to complete the Project within 4 months
(or) such other date as the Hon’ble APRERA deem fit and proper and duly construct all the
amenities assured by the HWMS without fail;
 c. Pass such other directions as the Hon’ble APRERA deem fit and proper in the circumstances of
the present matter.

CC Copy to:

a) Harekrishna Whole Sale Market Society,

Bearing Registered No. 142 / 2015
Having its registered office at Opposite Reliance Market,
Beside Best Price, Mangalagiri Road, Guntur – 1. 522001
Rep., by its President and Secretary.

b) Mr. Kothamasu Srinivasa Rao,

S/o. Venkatateswara Rao, aged about 62 years,
R/o. D.No. 5-60-1/122, 2nd Lane, Devapuram, Guntur.
The President, Harekrishna Whole Sale Market Society.

c) Mr. Sathuluri Hari Prasad,

S/o. Venkataratnam, aged about 71 years,
R/o. D.No. 9-11-65, Somuvari Street, Kothapet,
Guntur City,
The Secretary, Harekrishna Whole Sale Market Society
 The Undersigned Buyers do hereby declare and verify that the facts stated above are true and correct

Name(s) of the Nature of the Date of the Promised date of Signature of the
Purchaser, Address Unit Sale deed and delivery of the Purchaser
and Mobile No: purchased the Duly
(Shop / office/ Construction constructed Unit
dwelling unit / Agreement under the
etc.,) and the Construction
Details of the Agreement
Unit