RAMACHANDER GOJE Vs. INCREDIBLE INDIA PROJECTS LIMITED

JUDGEMENT

(1.) This is a complaint filed under Sec.17(a)(1) of Consumer Protection Act, 1986 for refund of the consideration paid towards purchase of plot No.17.

(2.) The case of the complainant in brief is that the opposite party is carrying on real estate business and agreed to sell plot No.17 admeasuring 400 square yards in Phonenix Port, Kothur Village, Shamshabad Mandal, Ranga Reddy District for which he paid Rs.20,00,000/-. However, the opposite party has been avoiding execution of registered sale deed for one reason or other. Therefore, he got issued registered notice for which no reply was given. Therefore he sought for refund of Rs.20,00,000/- together with interest, besides compensation of Rs.2,00,000/- and costs.

(3.) The opposite party resisted the case. While admitting the payment of Rs.20,00,000/- by the complainant, it alleged that it was towards the plot situated in Dubbacharla Village of Maheshwaram Mandal of Ranga Reddy District developed under the name and style of Sparro Shore. There was no intention for them to sell plot No.17 admeasuring 400 sq.yards situated at Kothur Village. No agreement was executed in this regard. They were ready to register plot No.17 situated at Dubbacharla Village. Therefore it prayed that the complainant is not entitled either for refund of the amount.