JAGAN MOHAN PONGUVALA Vs. COUNTRYSIDE REALTORS (INDIA)PVT. LTD

JUDGEMENT

(1.) This complaint is filed against opposite party realtor, for refund of advance/earnest money of Rs. 22,50,000/- together with interest, damages and costs.

(2.) The case of the complainant in brief is that the opposite party a realtor promised to develop Ac. 19.09 guntas in survey No. 98 & 99 situated at Mokila village in Shankerpally mandal of Ranga Reddy district into a residential colony in the name and style of The Lake Side. He agreed to purchase plot No. 18 & 19 of 500 sq.yds each total admeasuring 1000 sq.yds at Rs. 4,500/- per sq. yd under agreement of sale Dt. 23.1.2007. He had paid Rs. 22, 50,000/- towards advance. The agreement specifically mentions that they have been obtaining requisite permission from the Gramapanchayat, Director, Town & Country Planning, A.P. Transco, Mandal Revenue Office etc. to develop into residential lay out besides various development facilities and amenities in the lay out as per specifications of Town and Country Planning. Despite 30 months have been elapsed no considerable progress has been shown in developing the site. Since the opposite party was not fulfilling the terms of contract, he issued notice on 25.8.2008 by registered post and that opposite party having acknowledged did not give reply. So also a reminder on 13.9.2008, though received it did not respond. Therefore, finally he gave another notice dt. 15.4.2009 for refund of the amount for which also the opposite party did not respond. Therefore, he filed the complaint for refund of Rs. 22, 50,000/- with interest @ 24% p.a., from the date of receipt till the date of realization together with damages of Rs. 20 lakhs and costs.

(3.) Opposite party did not choose to contest despite the notice being published in Eenadu a daily as the notice of opposite party returned with endorsement Left. Since it is last known address we deem it that notice held sufficient.