MAUVARI NAGAMANI Vs. AJS BUILDERS PVT LTD

JUDGEMENT

(1.) BY this order, I shall dispose of all the eleven suits, referred to above , since they all involve common issues.

(2.) THE plaintiff in suit no. 722 /2011 Ms. Mauvari Nagamani booked two residential plot admeasuring 240 sq. Yards in AJS City situated on National Highway No. 1, GT Karnal Road, Gaunar, Sonepat (Haryana ) @5950 per sq. Yard and paid a sum of Rs4,30,000/- vide two separate cheques. A further payment of Rs 5,82,800 /- was made by her to the defendant, when called upon to make further payment and thus a total sum of Rs. 10,12,800/- was paid for the plots booked with the defendant. Despite receiving the aforesaid amount from the plaintiff, defendant did not carry out any development work and the plaintiff, therefore, sought refund of entire amount of Rs.10,12,800/- along with interest. The defendant expressed its inability to refund the said amount but persuaded the plaintiff to book an apartment in 'AJS Hill View Apartments' complex which it claimed to be developing in Gurgaon. The defendant agreed to transfer the aforesaid amount of Rs. 10, 12,800/- towards booking of two apartments in 'AJS Hill View Apartments'in the manner that a sum of Rs. 5,06,400 /- was to be adjusted in respect of the flat to be booked by her husband and a sum of of Rs 5,06,400/- in the respect of the flat to be booked by the plaintiff. The said flats were agreed to be sold @ Rs 2700/- per sqft and the area of the flat was 1500 sqft each. The plaintiff made enquiries in the locality and came to know that at that time, the flats in new projects were being sold in the range of Rs 2600/- to 2800/- per sqft. Later on, the plaintiff made further payment of Rs. 4,18,500 to the defendant by way of two separate cheques. The plaintiff made yet another payment of Rs4,18,000/- on 25.04.2008, thereby raising the total sum paid by her to the defendant to Rs 13,43,400/-. It is alleged that when the plaintiff went to the site where the defendant had to carry out the development work, it was discovered that there was no sign of any construction or development and the site was lying barren, in the same condition in which it was at the time of booking. It is also alleged that the current rate prevailing in the locality which at the time of booking by the plaintiff ranged between Rs2600 � 2800/- per sq yard is now at least RS 4,000/- to Rs 5,000/- per sq. ft . The plaintiff , therefore , sent a notice of demand to the defendant seeking refund of Rs41,33,400/-, which comprised Rs13,43,400/- being the amount paid by her and Rs.27,90,000/-as damages calculated @Rs 1800/- per sq. ft. Since that amount has not been paid, the plaintiff has filed this suit for recovery of the aforesaid amount along with interest.

(3.) EX PW1/2 and PW 1/3 are receipts whereby the plaintiff deposited Rs. 2,15,000/- with the defendant by way of two cheques . Ex PW1/7 is another receipt of payment of Rs 4,18,000/- to the defendant.