GAUTAM JAMBOTKAR Vs. MARUTHI CORPORATION LTD.

JUDGEMENT

(1.) Heard Mr. Sanjay K. Shandilya, Advocate, for the complainants and Mr. S. Suman, Advocate and Mr. K. Ram Reddy, for the opposite parties.

(2.) The complainants filed the aforementioned complaint for directing the opposite parties (hereinafter referred to as the builder) (i) to refund a sum of Rs.10140068.00 along with interest @15% per annum, from the date of respective deposits till its payment, (ii) to pay Rs.25.00 lacs as the compensation for mental agony and harassment and (iii) to pay any other order, which is deemed fit and proper in the facts and circumstances of the case.

(3.) The facts, in short, as stated in the complaint are that the builder was a company, engaged in the business of development and construction of residential and commercial buildings and selling its unit to the prospective buyers. In the year 2007, the builder launched a project of township in the name of "Maruthi Heritage Park" on Survey Nos. 24, 25/1, 25/1 and 25/3, village and gram panchayat Annaram, mandal Faruqnagar, district Mhahbubnagar, Andra Pradesh. The complainants are husband and wife and were residing in USA. On coming to know about this project, the complainants met the opposite parties in March, 2007 and discussed about the project. The opposite parties assured that the project would be started in September, 2007 and would be completed within 4 years. The complainants decided to purchase plot numbers 240 and 247 (area 500 sq.yards), which were adjoining plots in the layout of the project. The complainants booked 240 and 247 (area 500 sq.yards, built up area 3000.00 sq.ft., basic sale price Rs.65.00 lacs) in this project on 23/1/2007 and deposited US$45270.00 equivalent to Rs.1996186.00 . The complainants deposited US$45270.00 equivalent to Rs.1995281.00 212/2007, US$89867.00 equivalent to Rs.3648600.20.00 on 30/05/2007. K. Sesha Sai (opposite party-3) visited USA and met the complainants in Redmond, WA, USA around late 2007 and proposed that if an additional amount of Rs.16.00 lacs was paid to him, the builder would construct a full residential unit on the second plot also. A sale deed was executed on 9/1/2008, in this respect. The complainants then paid Rs.1500000.00 on 25/2/2008, Rs.1000000.00 on 2/8/2008. The complainants received a letter from opposite party-5 on 21/01/2009, informing about the change of the project layout, house design and name of the project. Pradeep Sharma, attorney of the complainants visited the site in February, 2009 and found that on the spot no work was done. The complainants inquired on 07/01/2010, about the progress of the project. The opposite parties through email dtd. 26/1/2010, informed that due to recession and political turmoil, the project was being delayed. The complainants were not satisfied with the reply of opposite parties as such they sent a legal notice dtd. 2/12/2010, for refund of the money deposited by them along with interest @ 15% per annum. In spite of service of the legal notice, the builder did not refund the money. Then the complaint was filed on 30/5/2012.