ROBET D W FROST Vs. JACK JACOB SHEMESH

JUDGEMENT

(1.) This complaint has been filed by the complainant against the opposite party who represented himself to be a property dealer and a builder. It is the case of the complainants that they are devotees of Sri Satya Sai Baba and visited Puttaparthi where Shri Satya Sai Baba has his Ashram. It is, however, alleged that the opposite party approached the complainants and represented that he owned a piece of land opposite to Hanuman Temple and stated that he would develop the property and built flats for the complainants on the said property. Initially the rate mentioned was Rs. 8,000/- per sq. foot in 1995 and thereafter in 1998 he escalated the rate almost double the amount. The complainants entered into three agreements with the opposite party namely, (i) agreement of sale of undivided interest in land, (ii) agreement of sale and purchase of flat, and (iii) agreement for construction of flats.

(2.) Each of the complainants executed these agreements with the opposite party apart from that the opposite party also obtained from each of the complainants Special Power of Attorney to construct the apartment and after construction, to register and execute the sale deed in their favour as well as to apply for the permission from the RBI to acquire immovable property in India. The complainants paid the entire consideration for the flats as has been set up here by remitting payments into the opposite party's Bank Account with Deutsche, Raheja Chamber, MG Road, Bangalore.

(3.) All the dates and amount paid by each of the complainant is as under : Complainant No. 1 : Entered into agreements on 14.1.1995 for a 2 bedroom apartment measuring 929.60 sq. ft. The full consideration of Rs. 5 lakh was paid. Delivery of the flat was due on 1.1.1996. The opposite party has delayed for a further period of four years. Complainant No. 2 : Entered into agreements on 24.1.1996 for a 2 bedroom apartment measuring 929.60 sq. ft. The full consideration of Rs. 12.74 lakh was paid. Delivery of the flat was due on 1.1.1997. The opposite party has delayed for a further period of three years. Complainant No. 3 : Entered into agreements on 14.1.1995 for a 1 bedroom apartment measuring 659.34 sq. ft. The full consideration of Rs. 7.25 lakh was paid. Delivery of the flat was due on 1.1.1996. The opposite party has delayed for a further period of four years. Complainant No. 4 : Entered into agreement on 4.12.1995 for a studio apartment measuring 545 sq. ft. The full consideration of Rs. 6.71 lakhs was paid. Delivery of the flat was due on 1.6.1996. The opposite party has delayed for a further period of four years. Complainant No. 5 : Entered into agreement on 24.1.1996 for a 3 bedroom apartment measuring 1280 sq. ft. The full amount of Rs. 17 lakh was paid. Delivery was due on 1.1.1997. The opposite party has delayed for a further period of two and half years. Complainant No. 6 : Entered into agreement on 21.1.1996, for a 3 bedroom apartment measuring 1280 sq. ft. The full consideration of Rs. 17 lakhs was paid. Delivery of the flat was due on 1.6.1996. The opposite party has delayed for a further period of three and a half years. Complainant No. 7 : Entered into agreement on 22.2.1996 for a 1 bedroom apartment measuring 659.43 sq. ft. The full consideration of Rs. 8 lakh was paid. Delivery of the flat was due on 1.11.1996. The opposite party has delayed for a further period of three years. Complainant No. 8 : Entered into agreement on 15.9.1995 for a two bedroom flat. The full amount of Rs. 8 lakh was paid. Delivery of the flat was due in November, 1996. The opposite party has delayed for a further period of four years. Complainant No. 9 : Entered into agreement on 23.7.1996 for a 1 bedroom apartment measuring 695 sq. ft. The full consideration on Rs. 7.75 lakh was paid. Delivery of the flat was due on 1.8.1997. The opposite party has delayed for a further period of two and a half years. Complainant No. 10 : Entered into agreement on 14.1.1995 for a 2 bedroom apartment measuring 929.60 sq. ft. The full consideration of Rs. 10.5 lakh was paid. Delivery of the flat was due in November, 1995. The opposite party has delayed for a further period of four years.