MONU KUMAR Vs. METRO MAX INFRASTRUCTURES PVT. LTD.

JUDGEMENT

(1.) This is a consumer complaint that was moved along with an application under Sec. 12(1)(c) of the Consumer Protection Act, 1986 on behalf of the complainants who alleged that the plots which were booked by them were neither developed nor were they offered in terms of the representations made by the opposite party. The contention therefore is that the complainants were entitled to possession for which a prayer has been made in the complaint but at the same time in view of the circumstances and the events as unfolded, the complainants now pray for refund of the entire money deposited by them with the opposite party together with interest @ 24% from the date of such deposits. They have also demanded compensation @ Rs.10.00 Lakhs to each of the complainants towards each booking.

(2.) The project is 'Lotus Valley' which was floated by the opposite party and according to the averments contained in para-1 of the preliminary objections in the written statement, a development agreement had been entered into between the opposite party and one M/s Felicity Estates and in that collaboration an approximate area of 250 bighas of land was sought to be developed as the project of Lotus Valley.

(3.) Bookings were invited and the applications which were entertained came to be confirmed with the initial deposit of Rs.11,000.00 vide letter dtd. 10/8/2011. One of the letters for the purpose of illustration in the case of Monu Kumar, the complainant no.1, is extracted herein: