NILESH PURSHOTTAM GHODASARA Vs. SUN VISION EMERALD

JUDGEMENT

(1.) None is present on behalf of Opposite Parties. Even on the earlier dates, none was present on behalf of Opposite Parties. Though, they have filed Written Statement, but no evidence has been filed. Opposite Parties are proceeded ex parte and their right to file the evidence is hereby closed.

(2.) Final arguments heard on behalf of the Complainants and the written synopsis filed by the Complainants have also been perused.

(3.) Brief facts of the case are that in the year 2014, on the representation by the Opposite Parties that they were going to develop a property located at Azad Nagar Cooperative Housing Society (hereinafter referred to as Society) in Village Vile Parle (West) Mumbai, the Complainants approached the Opposite Parties. Vide registered Agreement to Sell dated 30.10.2014, Flat No.202 on the 2nd floor of the society was booked in their names for a sale consideration of Rs.2,75,00,000.00. The Complainants paid a sum of Rs.25,00,000.00 vide cheque bearing no.000089 dated 22.07.2014 drawn on HDFC Bank as advance. The balance amount of Rs.2,50,00,000.00 was paid by the Complainants vide cheque no.820801 dated 17.09.2014 drawn on Punjab National Bank. Case of the Complainants is that although the Opposite Parties had promised to give the possession of the flat after constructing it, within two years, yet they have not even started the construction. It is submitted that the site was visited on 02.09.2016 and no construction activity was found at the site. A letter on the same day was written to the Opposite Parties and the photographs of the site were also taken. The letter was sent through post. Despite repeated requests and communications and visits, the Opposite Parties were unable to give any satisfactory explanation to such delay. It is further submitted that as per clause 16 of the agreement, in case of failure to give possession of the property within stipulated period, Opposite Parties were to refund the entire money along with interest @ 24% p.a. from the date of receipt. It is submitted that despite the fact that the complete consideration amount of Rs.2,75,00,000.00 has been taken by the Opposite Parties wayback in the year 2014, yet till now there is no offer of possession from the Opposite Parties. On these contentions, it is prayed that the Opposite Parties be directed to refund the entire money along with interest @ 24% p.a. and an amount of Rs.10,00,000.00 be awarded towards mental agony and Rs.2,00,000.00 as litigation costs.