AMMANI DASARI Vs. MARUTHI VANYAVRUDHI LIMITED

JUDGEMENT

(1.) The present Consumer Complaints have been filed under Section 21 of the Consumer Protection Act, 1986 (for short "the Act")by Allottees /Complainants against Opposite Parties, M/s. Maruthi Corporation Ltd., having been allotted Units/Villas in the project "Green Fields" proposed to be developed by Opposite Partiesat Chattana Palli Village Shadnagar Mandal, Mahaboobnagar District. Alleging deficiency in service, the Complainants are before this Commission seeking refund of amount paid towards purchase of Units alongwith interest and costs.

(2.) Since the facts involved in these Complaints are similar except for minor variations in the Unit numbers and their sale consideration, these Complaints are being disposed off by this common Order. However, for the sake of convenience, facts as enumerated in Consumer Complaint No. 379 of 2013 have been discussed at length herein.

(3.) The Complainants are Indian Origin naturalized U.S. citizens and are resident in United States of America. The Complainants allege that Opposite Party No. 2/Managing Director of Opposite Party No. 1 had approached and offered to sell them Villa in project "Green Fields" which was supposed to be a splendid private residence with ultra-modern facilities. Upon believing the Opposite Party and their Representatives, in the year 2005 the Complainants booked two Units/Plots being Plot Nos. 129 and 130 in the project for a total sale consideration of 4,00,00,000/- (Rupees Four Crores Only) via Registered Sale deeds bearing nos. 10938/2007 and 10940/2007 both dated 28.06.2007. It was mutually agreed between the Parties to develop two Villas in the agreed price of 2,00,00,000/- (Rupees Two Crores Only) each in area of 1,000 sq. yards each. As per the Sale deeds, the consideration of the land value is 4,00,000/- (Rupees Four Lacs Only) each. As per clause 12 of the Agreement/Sale Deed, the construction work was supposed to be completed within 48 months from the date of sanction of Villa Plan. The Complainants allege to have paid an amount of 3,33,60,000/- (Rupees Three Crores Thirty Three Lacs and Sixty Thousand Only) towards sale consideration of both the Plots.