M/S ANUSUYA DEVELOPERS Vs. BIMLA GOHAIN

JUDGEMENT

(1.) IA No.1025/2019 (Placing on record)

(2.) The brief admitted facts are that the respondent No.1 to 35 (hereinafter) referred as complainants, booked plots with the petitioner. The petitioner were indulging in the development of agricultural land for non- agricultural use after purchasing the same from the land owners and preparing the lay out plan of the land and obtained the sanction. The complainants had purchased those flats in the year 2008 and entered into separate agreements. They paid the earnest money to the petitioner. As per the agreement, the balance consideration amount was payable in 30 monthly instalments. Subsequently with the mutual consent of both the parties, the said agreement of purchase of plots was cancelled and the petitioners agreed to refund the earnest money paid by the respective complainants in three installments of 30%, 35% and 35% in the month of November, 2011, February, 2012 and May, 2012. Although, the petitioner had refunded the first installment of 30% in the month of November, 2011 but defaulted in paying the two other installments of 35% each.

(3.) Aggrieved by the said act of the petitioner, the complainants served notice dated 5.3.2014 and the notice was replied by the petitioner vide its reply dated 09.04.2014 whereby it denied its liability. Thereafter aggrieved by this act of the petitioner, the complainants filed the complaint before the District Forum. Parties led their evidences before the District Forum.