| Complaint Case No. CC/14/348 |
| | | | 1. Sri. M. Srinivasa Reddy | | S/o. Mr. M. Male Reddy, R/at. No. E-132, ICL Colony, Chilamakeer, Kadapa District, Ap. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Presidnecy Royal | | Reg Office, At No. 895/1, 'Skanda', 14th Cross, Mahalakshmi Layout, Bangalore-086. Rep By its Partner. And Others. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/350 |
| | | | 1. Kailasaih G.P. | | S/o. Prasadaiah, R/at. No. 13, Sy. No. 56/8, 9th block, Sri. M.V. Layout, Janabharathi post, Malathalli, Bangalore-56. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. My County | | No. 895/1, Skanda 14th cross, Mahalakshmi Layout, Bangalore-086. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/353 |
| | | | 1. Sri. C. Ramanjaneyula Reddy | | S/o. Sri . Narayana Reddy, R/at. No. 1/286, Ankalammapet, Pulivenduka Kadapa District, A.P. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Royal County | | No. 895/1, Skanda 14th cross, Mahalakshmi Layout, Bangalore-086. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/349 |
| | | | 1. Kailasaiah | | S/o. Prasadaiah, R/at. No. 13, S.No. 56/8, 9th Block, Sri. M.V.Layout, Jananbharathi Post, Marathalli, Bangalore. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. New Citi And Others | | At. No.895/1, 'Skanda', 14th Cross, Mahalakshmi layout, Bangalore-086. Rep By its Director Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/351 |
| | | | 1. R.M. Srinivass Reddy | | S/o. Mr. M. Male Reddy, R/at. No. E-132, ICL Colony Chilamakur, Kadapa District AP. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Presidnecy Royal | | Reg. Office At. No.895/1, 'Skanda', 14th Cross, Mahalakshmi layout, Bangalore-086. Rep By its Director Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/352 |
| | | | 1. C.Ramanjaneyula Reddy | | S/o. Sri. Narayan Reddy, R/at. No. 1/286, Ankalammapet, Pulivendula kadapa Dist,A.P. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Presidnecy Royal | | Reg.Office At. No.895/1, 'Skanda',14th Cross, Mahalakshmi Layout, Bangalore-086. Rep By its Director Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/354 |
| | | | 1. C.Ramanjaneyula Reddy | | S/o. Sri. Narayanareddy, R/at. No. 1/286, Ankalammapet, Pulivendulu, Kadapa Dist,A.p. |
| ...........Complainant(s) | |
| Versus | | 1. m/s. Presidency Elite | | Reg.Office At. No.895/1, 'Skanda',14th Cross, Mahalakshmi Layout, Bangalore-086. Rep By its Director Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/446 |
| | | | 1. Smt. Vishlakshi Kailasaiah | | W/o.Kailasaiah G.P. Rep. by Authorized Person Kailash G.P. R/at No. 13, Sy No. 56/8, 9th Block, Sri. M.V. Layout, Jnanabharathi Post, Mallathalli, Bangalore-56. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Presidnecy Royal | | Reg.Office At. No.895/1, 'Skanda',14th Cross, Mahalakshmi Layout, Bangalore-086. Rep By Its Director Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/447 |
| | | | 1. Sri. R. Venkatesh | | S/o. Sri. Ramachandra Naidu . R/at. Padmanabha 1st Main, Uttarhalli, Subramanyapura Post, Bangalore-560061. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Royal Enclave. | | Reg.Office At. No.895/1, 'Skanda',14th Cross, Mahalakshmi Layout, Bangalore-086. Rep By its Director Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/448 |
| | | | 1. Sri. K. Raghavendra Reddy | | S/o. m. Kote Reddy. Flat No.009, Siri Lake View Apartment, Veeranna Palya, Nagaravara Lake Ring Road, Bangalore-560045. |
| ...........Complainant(s) | |
| Versus | | 1. m/s. My County | | Reg. Office. No. 717 Poornashashi Complex, 2nd Floor, 2nd Stage, WOC Road, Modi Hospital Road, Basveshwara Nagar, Bangalore-560086. Rep By its Partner Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/449 |
| | | | 1. Sri. K. Raghavendra Reddy | | S/o. Koti Reddy. Flat No. 009, Siri Lake View Apt. Veeerannapalya, Nagaravara lake Ring road, Bangalore-560045. Rep By its Authorized Person. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Global Citi | | Reg. Office. Poornashashi Complex. 2nd flor, 2nd Stage, WOC Road, Modi Hospital Road, Basveshwaranagar, Bangalore-560086. Rep By its Partner Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/450 |
| | | | 1. D. Kanaka Durga | | W/o. Sambi Reddy, R/at. Flat No. 009, Siri Lake View Apt. Veerana Palya, Nagravara Lake Ring Road, Bangalore-560045. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Global Citi And Others. | | Reg. Office. Poornashashi Complex. 2nd flor, 2nd Stage, WOC Road, Modi Hospital Road, Basveshwaranagar, Bangalore-560086. Rep By its Partner Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/451 |
| | | | 1. Ramanjaneyula Reddy | | S/o. Sri. C. Narayana Reddy, R/at. No. 1/286, Ankalammapet, Pulivendula, Kadapa District, AP. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Aerozonaa | | Reg.Office At. No.895/1, 'Skanda',14th Cross, Mahalakshmi Layout, Bangalore-086. Rep By its Director Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/486 |
| | | | 1. G.Vegal Reddy | | S/o. Sri. Venkataswamy Reddy, R/at. No. 34, 2nd cross, TCH College road, Marathalli, Bangalore-37. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Royal County | | Reg. office at No. 895/1, Skanda 14th cross, Mahalaksmi Layout, Bangalore-86. Rep by its Partner Sri. Bhaskar Reddy. |
| ............Opp.Party(s) |
| | Complaint Case No. CC/14/487 |
| | | | 1. G.Konda Reddy | | Sri. Venkataswamy Reddy, R/at. No. 34, 2nd cross, TCH College road, Marathalli, Bangalore. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Royal County | | Reg. office at no. 895/1, Skanda, 14th cross, Mahalakshmi layout, Bangalore-86. |
| ............Opp.Party(s) |
|
|
| ORDER | Complaints Filed on:17.02.2014,
21.02.2014, 05.03.2014 & 12.03.2014. | Disposed On:26.12.2015 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN 26th DAY OF DECEMBER 2015 PRESENT:- | SRI. P.V SINGRI | PRESIDENT | | SMT. M. YASHODHAMMA | MEMBER |
COMPLAINT NOs.321/2014, 322/2014, 323/2014, 324/2014, 325/2014, 326/2014, 348/2014, 351/2014, 352/2014, 353/2014, 446/2014, 447/2014, 448/2014, 449/2014, 450/2014, 451/2014, 486/2014 & 487/2014. |
COMPLAINT nO.321/2014
COMPLAINANT COMPLAINT nO.322/2014
COMPLAINANT COMPLAINT nO.323/2014
COMPLAINANT | Sri.C Narendra Kumar Reddy, S/o Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. Represented by authorized person Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. Sri.Y. Vijay, S/o Raghava Reddy, Aged about 41 years, R/at No.1-370, Ankalammapet, Pulivendula, Kadapa District, Andhrapradhesh. Represented by authorized person Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. | COMPLAINT nO.324/2014
COMPLAINANTS | 1) Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. 2) Sri.Gangadhar P, S/o Ganganna, R/at No.1/286, Ankalammapet Pulivendula, Kadapa District, Andhrapradesh. Complainant No.2 is authorized the complainant No.1. | COMPLAINT nO.325/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, Age 37 years, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. | COMPLAINT nO.326/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, Age 37 years, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. | COMPLAINT nO.348/2014
COMPLAINANT | Sri.M Srinivasa Reddy, S/o M. Male Reddy, Age 47 years, R/at No.E-132, ICL Colony, Chilamakur, Kadapa District, Andhrapradesh. | COMPLAINT nO.351/2014
COMPLAINANT | Sri.M Srinivasa Reddy, S/o M. Male Reddy, Age 47 years, R/at No.E-132, ICL Colony, Chilamakur, Kadapa District, Andhrapradesh. | COMPLAINT nO.352/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. | COMPLAINT nO.353/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy @ C. Ramanjaneya Reddy, S/o C. Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. | COMPLAINT nO.446/2014
COMPLAINANT | Smt. Vishlakshi Kailasaiah, W/o Kailasaiah G.P, Aged about 58 years, Represented by authorized person Kailasaiah G.P, Aged about 67 years, R/a No.13, Sy. No.56/8, 9th Block, Sri M.V Layout, Jnanbharathi Post, Mallathalli, Bangalore-056. | COMPLAINT nO.447/2014 COMPLAINANT | Sri.R Venkatesh, S/o Ramachandra Naidu, R/at # Padmanbha, 1st Main, Uttarahalli, Subramanyapura Post, Bangalore-560 061. Represented by authorized person Sri.Mahadeva K, S/o P. Krishnaiah, R/at 271, 1st Main, Uttarahalli, Subramanyapura Post, Bangalore-560 061. | COMPLAINT nO.448/2014 COMPLAINANT | Sri.K Raghunadha Reddy, S/o Koti Reddy, Aged about 38 years, R/at Flat No.009, Siri Lake View Apartment, Veernanna Palya, Nagaravara Lake Ring Road, Bangalore-560 045. Represented by his authorized person Sri.D Sambi Reddy, S/o Chinabutchi Reddy, R/at Flat No. 009, Siri Lake View Apartment, Veernanna Palya, Nagaravara Lake Ring Road, Bangalore-560 045. | COMPLAINT nO.449/2014 COMPLAINANT | Sri.K Raghunadha Reddy, S/o Koti Reddy, Aged about 38 years, R/at Flat No.009, Siri Lake View Apartment, Veernanna Palya, Nagaravara Lake Ring Road, Bangalore-560 045. Represented by his authorized person Sri.D Sambi Reddy, S/o Chinabutchi Reddy, R/at Flat No. 009, Siri Lake View Apartment, Veernanna Palya, Nagaravara Lake Ring Road, Bangalore-560 045. | COMPLAINT nO.450/2014 COMPLAINANT | Smt.D Kanaka Durga, W/o D. Sambi Reddy, Aged about 40 years, R/at Flat No.009, Siri Lake View Apartment, Veernanna Palya, Nagaravara Lake Ring Road, Bangalore-560 045. Represented by his authorized person Sri.D Sambi Reddy, S/o Chinabutchi Reddy, R/at Flat No. 009, Siri Lake View Apartment, Veernanna Palya, Nagaravara Lake Ring Road, Bangalore-560 045. | COMPLAINT nO.451/2014 COMPLAINANT | Sri.C Ramanjaneyula Reddy, S/o C. Narayana Reddy, R/at No.1/286, Ankalammapet, Pulivendula, Kadapa District, Andhrapradesh. | COMPLAINT nO.486/2014 COMPLAINANT | Sri.G Vengal Reddy, S/o Venkataswamy Reddy, Aged about 39 years, R/at No.34, 2nd Cross, T.C.H College Road, Marathahalli, Bangalore-560 037. | COMPLAINT nO.487/2014 COMPLAINANT | Sri.G Konda Reddy, S/o Venkataswamy Reddy, R/at No.34, 2nd Cross, T.C.H College Road, Marathahalli, Bangalore. Represented by authorized person Sri. Vengal Reddy, S/o Venkata swamy Reddy, R/at No.34, 2nd Cross, T.C.H College Road, Marathahalli, Bangalore. Advocate – Sri.Ramesha M.N | | V/s | OPPOSITE PARTIES | 1) M/s. ROYAL COUNTY/ M/s. NEW COUNTY / M/s. PRESIDENCY ROYAL/ M/s. ROYAL ENCLAVE/ M/s. MY COUNTY/ M/s. GLOBAL CITI/ M/s. AEROZONAA, Registered office at No.895/1, “SKANDA”14th Cross, Mahalakshmi Layout, Bangalore-086, Rep. by its Director/partner Bhaskar Reddy. (Registered office at No.717, Poornashashi Complex, 2nd Floor, 2nd Stage, West of Chord Road, Modi Hospital Road, Basaveshwarnagar, Bangalore-560 086, Rep by its partner Sri.Bhaskar Reddy) 2) Sri. Bhaskar Reddy, S/o Bala Venkata Reddy, Aged about 48 years, R/at No.1, Srikrishna Avenue, “SHRESTHA”, Doddakallasandra, Near Macualoy Slcod, Kanakapura Road, Bangalore. 3) Sri.T Ripunjaya Reddy, S/o Raghava Reddy, Aged about 47 years, R/a 604, Vaishnavi Pradise, Sangam Circle, Jayanagar, Bangalore-011. |
O R D E R SRI. P.V SINGRI, PRESIDENT All these complaints have been filed by different complainants against one and the same OPs with similar relief. Issues involved in all these complaints are one and the same. Therefore, all these complaints have been taken together for disposal under this common order. 2. The complainants have filed these complaints U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) claiming refund of the advance amount paid by each of them towards purchase of sites together with interest, compensation and cost of the litigation. 3. The brief averments made in all these complaints are as under: The OP is a real estate promoter and property developers engaged in the business of developing, marketing and selling residential sites in and around Bangalore. The OPs promised to formed residential layout under the name and style; “Royal County” in various survey numbers situated at Huyilal Village, Yelavala Hobli, Mysore Taluk, Mysore District. “New County” in various survey numbers situated at Ittamadu Village, Bidadi Hobli, Ramanagara Taluk and District. “Presidency Royal” in various survey numbers situated at Muddapura Village, Karenahalli Village, Ramanagara Taluk & District. “Royal Enclave” in various survey numbers situated at Maratti Kyathanahalli Village, Jaipura Hobli, Mysore Taluk, Mysore District. “My County” in various survey numbers situated at Chikka Hullur Village, Kasaba Hobli, Hosakote Taluk, Bangalore Rural District. “Global Citi” in various survey numbers situated at Kodigehalli Village, Mandur Village, Bidrahalli Hobli, K.R Puram, Bangalore Rural District. “Aerozonaa” in various survey numbers situated at Thattamachanahalli Amanikere Village, Bullahalli Village and Venkatagirikote Village, Vijayapura Hobli, Devanahalli Taluk, Bangalore Rural District. The complainants and others were lured by the OPs to purchase sites to be formed in the said layouts. Believing that the OPs would formed the layout within stipulated period and handover the possession of sites immediately after registration agreed to purchase the sites in the “Royal County/ New County / Presidency Royal / Royal Enclave / My County / Global Citi & Aerozonaa” layouts. Sl
No. | Complaint No. | Project Name | Total consideration amount | Advance amount paid | Date of agreement of sale | Legal
notice date | 1) | 321/2014 | Royal County | Rs.12,00,000/- | Rs.650000/- | Not filed | 05.11.2013 | 2) | 322/2014 | New County | Rs.9,00,000/- | Rs.300000/- | 12.02.2008 | 05.11.2013 | 3) | 323/2014 | Presidency Royal | Rs.9,00,000/- | Rs.300000/- | 15.02.2008 | 05.11.2013 | 4) | 324/2014 | Presidency Royal | Rs.9,00,000/- | Rs.300000/- | 15.02.2008 | 05.11.2013 | 5) | 325/2014 | Presidency Royal | Rs.15,30,000/- | Rs.510000/- | 29.11.2007 | 05.11.2013 | 6) | 326/2014 | Presidency Royal | Rs.15,30,000/- | Rs.550000/- | 29.11.2007 | 05.11.2013 | 7) | 348/2014 | Presidency Royal | Rs.14,40,000/- | Rs.300000/- | 26.07.2008 | 21.11.2013 | 8) | 351/2014 | Presidency Royal | Rs.18,00,000/- | Rs.800000/- | 26.07.2008 | 21.11.2013 | 9) | 352/2014 | Presidency Royal | Rs.22,95,000/- | Rs.765000/- | 29.11.2007 | 05.11.2013 | 10) | 353/2014 | Royal County | Rs.9,00,000/- | Rs.300000/- | Not filed | 05.11.2013 | 11) | 446/2014 | Presidency Royal | Rs.8,10,000/- | Rs.198000/- | 10.12.2007 | 21.01.2014 | 12) | 447/2014 | Royal Enclave | Rs.18,00,000/- | Rs.1000000/- | Not filed | 17.01.2014 | 13) | 448/2014 | My County | Rs.10,80,000/- | Rs.360000/- | 21.11.2006 | 17.02.2014 | 14) | 449/2014 | Global Citi | Rs.11,70,000/- | Rs.390000/- | 30.05.2007 | 17.02.2014 | 15) | 450/2014 | Global Citi | Rs.11,70,000/- | Rs.390000/- | 30.05.2007 | 17.02.2014 | 16) | 451/2014 | Aerozonaa | Rs.12,00,000/- | Rs.700000/- | Not filed | 05.11.2013 | 17) | 486/2014 | Royal County | Rs.25,92,000/- | Rs.1000000/- | 28.10.2010 | 17.01.2014 | 18) | 487/2014 | Royal County | Rs.34,56,000/- | Rs.2000000/- | Not filed | 17.01.2014 |
The complainants have paid advance amount as mentioned above through cheques/cash and OPs having received said advance amount executed an agreement of sale in favour of each party on the dates mentioned above. The OPs promised and assured that they will execute the sale deed in favour of the complainants within 30 days from the date of approval of layout plan from the competent authority. However, the OPs went on postponing the registration of the sale deed on one or the other pretext. The complainants visited the OPs several times with a request to execute the sale deed in their favour by taking the balance amount. However, the OPs went on taking time for execution of the sale deed. Frustrated by the attitude of the OPs, the complainants were compelled to issue legal notice to the OPs demanding refund of the advance amount as the OPs failed either to complete the formation of the layout within a reasonable time much less within stipulated time and execute the registered sale deed. Despite the said legal notice, the OPs failed to refund the advance amount. OPs deliberately avoiding refund of the advance amount. The conduct of OPs amounts to grave deficiency in service on their part. The OPs with a sole intention to cheat the complainants are avoiding the repayment of the advance amount. Therefore, the complainants had to approach the Forum for redressal. For the aforesaid reasons, each of the complainants prays for refund of the advance amount paid to OPs under the agreement of sale together with interest @ 24% p.a and compensation of Rs.1,00,000/- for mental agony, harassment and inconvenience caused together with litigation cost. 4. The notice of the complaints were issued to the OPs however the same were returned with an endorsement by the postal authorities that the OPs have left the address. Thereafter, the complainants took substitute service by publishing the notice of the complaint in the local news paper. Despite publication of the notice in the news paper, OPs failed to appear and contest the complaints. Therefore, the OPs were placed ex-parte. 5. Thereafter, each of the complainants were called upon to file their affidavit evidence. Accordingly each of the complainants have filed their affidavit evidence in lieu of oral evidence to substantiate the allegations made in their respective complaints. The complainants have also submitted their written arguments. 6. Perused the allegations made in the complaint, the sworn testimony of the complainants, copies of agreements of sale, receipts and other materials placed on record. 7. As already stated above, the OPs for the reasons best known to them despite publication of notice of the complaint in the local newspaper failed to appear before the Forum and contest the claim of the complainant. The copy of the agreement of sale and the receipts produced by each of the complainants confirms the payment of advance amount by each one of the complainants as stated in their complaint. It is apparent from the material placed on record the OPs having executed the agreement of sale by receiving the advance amount, as mentioned in each of the agreement of sale failed to execute registered sale deeds in respect of the sites as mentioned in the agreement of sale, in favour of the complainants without there being any valid cause. 8. Though each of the complainants were ready to pay the balance amount on the date of execution of sale deeds but the OPs did not come forward to execute the sale deed in terms of the agreement of sale. It appears that the OPs did not form the layout at all as promised by them. It appears that the OPs have purchased certain lands but failed to get the same converted for the purpose of laying residential layout. From the conduct of OPs, it appears that they received the advance amount with an oblique motive of cheating the complainants, even much before purchase of the lands. The OPs have collected huge advance amount from each one of the complainants promising them their dream sites at an early date. However, the OPs cheated the complainants and failed to form any residential layout. The OPs having failed to form the layout and execute the registered sale deed in favour of the complainants ought to have refunded the advance amount collected from each of the complainants. The conduct of the OPs amounts to grave deficiency in service and also amounts to unfair trade practice. It is apparent from the conduct of the OPs that they collected huge advance amount from each of the complainant with an oblique motive of cheating them. Therefore, the said act of OPs also amounts to cheating punishable U/s.420 of Indian Penal Code. 9. We do not have reasons to disbelieve the sworn testimony of the complainants coupled with the documents such as agreement of sale, receipts etc., produced by the complainants. For the discussions made above, we are of the opinion that the OPs have to be directed to refund the advance amount received from each one of the complainants together with interest @ 18% p.a. The conduct of OPs must have caused mental agony, harassment and lot of inconvenience to each of the complainants. Therefore, the OPs have to be directed to pay compensation of Rs.1,00,000/- towards deficiency in service on their part together with litigation cost of Rs.3,000/-. The order could not be passed within the stipulated time due to heavy pendency. 10. In the result, we proceed to pass the following: O R D E R The complaints filed by the complainants U/s.12 of the Consumer Protection Act, 1986 are allowed in part. The OPs in complaint No.321/2014 are directed to refund advance amount of Rs.6,50,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.322/2014 are directed to refund advance amount of Rs.3,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.323/2014 are directed to refund advance amount of Rs.3,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.324/2014 are directed to refund advance amount of Rs.3,00,000/- to the complainants together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.325/2014 are directed to refund advance amount of Rs.5,10,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.326/2014 are directed to refund advance amount of Rs.5,50,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.348/2014 are directed to refund advance amount of Rs.3,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.351/2014 are directed to refund advance amount of Rs.8,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.352/2014 are directed to refund advance amount of Rs.7,65,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.353/2014 are directed to refund advance amount of Rs.3,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.446/2014 are directed to refund advance amount of Rs.1,98,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.447/2014 are directed to refund advance amount of Rs.10,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.448/2014 are directed to refund advance amount of Rs.3,60,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.449/2014 are directed to refund advance amount of Rs.3,90,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.450/2014 are directed to refund advance amount of Rs.3,90,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.451/2014 are directed to refund advance amount of Rs.7,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.486/2014 are directed to refund advance amount of Rs.10,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs in complaint No.487/2014 are directed to refund advance amount of Rs.20,00,000/- to the complainant together with interest @ 18% p.a from the date of receipt till the date of realization. The OPs shall pay compensation of Rs.1,00,000/- to each of the complainants together with litigation cost of Rs.3,000/-. The OPs shall comply the order passed by this Forum within eight weeks from today. Send the copy of the order to both the parties free of costs. This original order shall be kept in the file of the complaint No.321/2014 and a copy of it shall be placed in other connected files. (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 26th day of December 2015) MEMBER PRESIDENT Vln* COMPLAINT NOs.321/2014, 322/2014, 323/2014, 324/2014, 325/2014, 326/2014, 348/2014, 351/2014, 352/2014, 353/2014, 446/2014, 447/2014, 448/2014, 449/2014, 450/2014, 451/2014, 486/2014 & 487/2014. |
COMPLAINT nO.321/2014
COMPLAINANT COMPLAINT nO.322/2014
COMPLAINANT COMPLAINT nO.323/2014
COMPLAINANT | Sri.C Narendra Kumar Reddy, Andhrapradesh. Represented by authorized person Sri.C Ramanjaneyula Reddy, Andhrapradesh. Sri.C Ramanjaneyula Reddy, Andhrapradesh. Sri.Y. Vijay, Andhrapradhesh. Represented by authorized person Sri.C Ramanjaneyula Reddy, Andhrapradesh. | COMPLAINT nO.324/2014
COMPLAINANTS | 1) Sri.C Ramanjaneyula Reddy, Andhrapradesh. 2) Sri.Gangadhar P, Andhrapradesh. Complainant No.2 is authorized the complainant No.1. | COMPLAINT nO.325/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy, Andhrapradesh. | COMPLAINT nO.326/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy, Andhrapradesh. | COMPLAINT nO.348/2014
COMPLAINANT | Sri.M Srinivasa Reddy, Andhrapradesh. | COMPLAINT nO.351/2014
COMPLAINANT | Sri.M Srinivasa Reddy, Andhrapradesh. | COMPLAINT nO.352/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy, Andhrapradesh. | COMPLAINT nO.353/2014
COMPLAINANT | Sri.C Ramanjaneyula Reddy @ C. Ramanjaneya Reddy, Andhrapradesh. | COMPLAINT nO.446/2014
COMPLAINANT | Smt. Vishlakshi Kailasaiah, Represented by authorized person Kailasaiah G.P, Mallathalli, Bangalore-056. | COMPLAINT nO.447/2014 COMPLAINANT | Sri.R Venkatesh, Bangalore-560 061. Represented by authorized person Sri.Mahadeva K, Bangalore-560 061. | COMPLAINT nO.448/2014 COMPLAINANT | Sri.K Raghunadha Reddy, Bangalore-560 045. Represented by his authorized person Sri.D Sambi Reddy, Bangalore-560 045. | COMPLAINT nO.449/2014 COMPLAINANT | Sri.K Raghunadha Reddy, Bangalore-560 045. Represented by his authorized person Sri.D Sambi Reddy, Bangalore-560 045. | COMPLAINT nO.450/2014 COMPLAINANT | Smt.D Kanaka Durga, Bangalore-560 045. Represented by his authorized person Sri.D Sambi Reddy, Bangalore-560 045. | COMPLAINT nO.451/2014 COMPLAINANT | Sri.C Ramanjaneyula Reddy, Andhrapradesh. | COMPLAINT nO.486/2014 COMPLAINANT | Sri.G Vengal Reddy, Bangalore-560 037. | COMPLAINT nO.487/2014 COMPLAINANT | Sri.G Konda Reddy, Bangalore. Represented by authorized person Sri. Vengal Reddy, Bangalore. | | V/s | OPPOSITE PARTIES | 1) M/s. ROYAL COUNTY/ M/s. NEW COUNTY / M/s. PRESIDENCY ROYAL/ M/s. ROYAL ENCLAVE/ M/s. MY COUNTY/ M/s. GLOBAL CITI/ M/s. AEROZONAA, Registered office at No.895/1, Bangalore-086, Rep. by its Director/partner Bhaskar Reddy. (Registered office at No.717, Bangalore-560 086, Rep by its partner Sri.Bhaskar Reddy) 2) Sri. Bhaskar Reddy, Bangalore. 3) Sri.T Ripunjaya Reddy, Bangalore-011. |
Witnesses examined on behalf of the complainant/s dated 26.09.2014. 1) | Sri.C.Ramajaneyula Reddy (Complaint No.321/2014) | 2) | Sri.C.Ramajaneyula Reddy (Complaint No.322/2014) | 3) | Sri.C.Ramajaneyula Reddy (Complaint No.323/2014) | 4) | Sri.C.Ramajaneyula Reddy (Complaint No.324/2014) | 5) | Sri.C.Ramajaneyula Reddy (Complaint No.325/2014) | 6) | Sri.C.Ramajaneyula Reddy (Complaint No.326/2014) | 7) | Sri.M. Srinivasa Reddy (Complaint No.348/2014) | 8) | Sri.M. Srinivasa Reddy (Complaint No.351/2014) | 9) | Sri.C.Ramajaneyula Reddy (Complaint No.352/2014) | 10) | Sri.C.Ramajaneyula Reddy (Complaint No.353/2014) | 11) | Sri.Kailasaiah Prasadiah (Complaint No.446/2014) | 12) | Sri.Mahadeva K (Complaint No.447/2014) | 13) | Sri.D.Sambi Reddy (Complaint No.448/2014) | 14) | Sri.D.Sambi Reddy (Complaint No.449/2014) | 15) | Sri.D.Sambi Reddy (Complaint No.450/2014) | 16) | Sri.C.Ramajaneyula Reddy (Complaint No.451/2014) | 17) | Sri.G Vengal Reddy (Complaint No.486/2014) | 18) | Sri.G Vengal Reddy (Complaint No.487/2014) |
Documents produced by the complainant:
(Complaint No.321/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 30.05.2008 for Rs.6,50,000/-. | 2) | Document No.2 is the copy of legal notice dated 05.11.2013. | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.322/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 26.01.2008 for Rs.3,00,000/-. | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 12.02.2008. | 3) | Document No.3 is the copy of legal notice dated 05.11.2013. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.323/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 03.01.2008 for Rs.2,50,000/-. | 2) | Document No.2 is the copy of receipt issued by OP to complainant dated 26.01.2008 for Rs.50,000/- | 3) | Document No.3 is the copy of Agreement of Sale between OP and complainant dated 15.02.2008. | 4) | Document No.4 is the copy of legal notice dated 05.11.2013. | 5) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.324/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 29.11.2007 for Rs.3,00,000/-. | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 15.02.2008. | 3) | Document No.3 is the copy of legal notice dated 05.11.2013. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.325/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 08.11.2007 for Rs.5,10,000/-. | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 29.11.2007 | 3) | Document No.3 is the copy of legal notice dated 05.11.2013. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.326/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 26.10.2007 for Rs.5,50,000/- | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 29.11.2007. | 3) | Document No.3 is the copy of legal notice dated 05.11.2013. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.348/2014) 1) | Document No.1 is the copy of Agreement of Sale between OP and complainant dated 26.07.2008. | 2) | Document No.2 is the copy of legal notice dated 21.11.2013. | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.351/2014) 1) | Document No.1 is the copy of Agreement of Sale between OP and complainant dated 26.07.2008. | 2) | Document No.2 is the copy of legal notice dated 21.11.2013. | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.352/2014) 1) | Document No.1 is the copy of Agreement of Sale between OP and complainant dated 29.11.2007. | 2) | Document No.2 is the copy of legal notice dated 05.11.2013 | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.353/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 04.04.2008 for Rs.3,00,000/-. | 2) | Document No.2 is the copy of legal notice dated 05.11.2013. | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.446/2014) 1) | Document No.1 is the copy of receipts issued by OP to complainant dated 29.10.2007 for Rs.2,20,000/- & dated 22.10.2007 for Rs.50,000/-. | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 10.12.2007. | 3) | Document No.3 is the copy of legal notice dated 21.01.2014. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.447/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 11.09.2008 for Rs.10,00,000/-. | 2) | Document No.2 is the copy of legal notice dated 17.01.2014. | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.448/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 11.11.2006 for Rs.3,60,000/-. | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 21.11.2006. | 3) | Document No.3 is the copy of legal notice dated 17.02.2014. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.449/2014) 1) | Document No.1 is the copy of receipts issued by OP to complainant dated 29.03.2007 for Rs.1,75,000/-, dated 08.05.2007 for Rs.1,15,000/- & dated 07.03.2007 for Rs.1,00,000/-. | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 30.05.2007. | 3) | Document No.3 is the copy of legal notice dated 17.02.2014. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.450/2014) 1) | Document No.1 is the copy of receipts issued by OP to complainant dated 08.05.2007 for Rs.35,000/-, dated 30.03.2007 for Rs.1,05,000/-, dated07.03.2007 for Rs.1,00,000/- & dated 10.03.2007 for Rs.1,50,000/-. | 2) | Document No.2 is the copy of Agreement of Sale between OP and complainant dated 30.05.2007. | 3) | Document No.3 is the copy of legal notice dated 17.02.2014. | 4) | Document No.4 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.451/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 23.04.2008 for Rs.7,00,000/-. | 2) | Document No.2 is the copy of legal notice dated 05.11.2013. | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.486/2014) 1) | Document No.1 is the copy of agreement of sale between complainant and OP dated 28.10.2010. | 2) | Document No.2 is the copy of legal notice dated 17.01.2014. | 3) | Document No.3 is the returned postal covers. |
Documents produced by the complainant:
(Complaint No.487/2014) 1) | Document No.1 is the copy of receipt issued by OP to complainant dated 30.05.2008 for Rs.20,00,000/-. | 2) | Document No.2 is the copy of legal notice dated 17.01.2014 | 3) | Document No.3 is the returned postal covers. |
OPs - Absent MEMBER PRESIDENT Vln* | |
