MOTHISHAM COMPLEXES PRIVATE LIMITED Vs. VIMALA CHANDRASHEKHAR

JUDGEMENT

(1.) THESE are the three appeals filed by OP No. 1 in complaint Nos. 506/2011, 507/2011 and 512/2011 on the file of the I Additional District Consumer Forum, Bangalore being aggrieved with the order dated 21.5.2011. As all these appeals have arisen out of the common order referred above, in order to avoid the repetitions of the facts multiplicity of reasoning in the interest of justice all these three appeals are heard together and disposed of by this common order.

(2.) THESE complainants with fond hope of having their own flats, booked the flats of their choice in the project floated by the OP in the

(3.) ON appearance of OP, filed the version. The defence set out by the OP in all the complaints is identical. It is mainly contended that the husband of the complainant in complaint No. 506/2011 and father of the complainant in complaint No. 512/2011, Sri Chandrashekar has invested the said amount in the said project wherein he is an advisor and coordinator. There is a joint development agreement with M/s. Lakshmi Bricks and Tiles (P) Ltd., Complainant never paid the said amount to the OP towards booking of the said flat. The said amount is paid through Chandrashekar and one A.M.M. Shafi, they are responsible for refund not the OP. There is no privity of contract between the complainant and OP. Complainants have not availed the services of the OP as contemplated. Complaints name and style 'Motisham LBT Grandeur'. OP claims to be the promoter and developer of the multi storied flats. Each one of these complainants made the booking in the year 2006 with respect to their flats and paid lump sum as noted in the chart below for convenience. are devoid of merits. Among these grounds, OP prayed for dismissal of the complaint.