AMBE HOUSING & ORS Vs. MUNNA LAL JAIN

JUDGEMENT

(1.) ALL these appeals, though arising out of separate judgments are taken up together for disposal as common issue of refund against the Ambe Housing Society, New Agra Market, Dayalbag, Agra is involved. In all these appeals the appellants as per impugned judgments are under an obligation to refund the various amounts of money deposited by the five complainants. The facts, giving rise to these appeals are common and the same can be narrated as below:

(2.) THE Ambe Housing Society (hereinafter called the Society) registered with Registration No. 1936 located in front of Dayal Lodge, New Agra Market, Dayalbag, Agra was constituted by four of its partners namely Sri Ajay Pratap Singh, Sri Anil Sharma, Sri Pradeep Kumar Sharma and Smt. Vimlesh Kaushik (w/o Sri Rakesh Kaushik). The other two persons namely Sri Rakesh Kaushik and Sri S.P. Singh, who are also alleged to be the partners, were not held to be legally authorized partners of the said Society.

(3.) THE facts, which are not disputed, revealed that the five complainants namely Sri Munna Lai Jain, Sri O.P. Singh, Sri Prabhu Dayal, Sri Dalip Kumar and Smt. Mithilesh Upadhyaya were allotted various size of plots in Ambe Nagar Residential Scheme or Jyoti Enclave, Agra. Whereas allegation of the complainants was that the Society failed to acquire any land and carve -out plots, the contention of the society as pleaded by it was that the complainants themselves were to blame as they did not deposit the entire price of the plots allotted to them.