BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 11^th DAY OF FEBRUARY 2021

O R D E R

SRI.S.L.PATIL, PRESIDENT

All these complaints have been filed by different complainants U/s. 12 of the Consumer Protection Act, 1986 and U/s. 35 of the Consumer Protection Act, 2019 against one and same Opposite Parties (herein after referred as OPs) with a prayer to direct the OPs to refund the amount of Rs.9,97,500/- in CC No.1154/2019, Rs.7,99,700/- in CC No.1155/2019, Rs.15,00,000/- in CC No.1156/2019, Rs.11,70,000/- in CC 1157/2019, Rs.17,00,000/- in CC 1158/2019, Rs.15,00,000/- in CC 1159/2019, Rs.17,00,000/- in CC 1160/2019, Rs.15,50,000/- in CC 1161/2019, Rs.3,60,001/- in CC 1162/2019, Rs.3,43,750/- in CC 1163/2019, Rs.3,75,000/- in CC 1164/2019, Rs.5,21,548/- in CC 1165/2019, Rs.15,00,000/- in CC 1166/2019, Rs.10,23,825/- in CC 1167/2019, Rs.4,20,000/- in CC 1168/2019, Rs.4,68,125/- in CC 1169/2019, Rs.4,20,000/- in CC 1170/2019, Rs.12,00,000/- in CC 1171/2019, Rs.4,25,000/- in CC 1172/2019, Rs.13,50,000/- in CC 1173/2019, Rs.6,10,000/- in CC 1174/2019, Rs.99,200/- in CC 791/2020, Rs.7,50,000/- in CC 792/2020, Rs.7,00,000/- in CC 793/2020, Rs.4,20,000/- in CC 794/2020, Rs.8,65,956/- in CC 795/2020, Rs.5,52,562/- in CC 796/2020, Rs.6,99,175/- in CC 797/2020, Rs.6,90,000/- in CC 798/2020 and Rs.13,00,000/- in CC 799/2020 along with interest at 18% p.a. from the date of making payments till realization, to pay compensation of Rs.50,000/- for deficiency in service in each case and to pay Rs.50,000/- towards shock-mental and physical suffering and loss of time in each case and to grant such other reliefs.  Hence, we feel just and proper to pass a common order in CC 1154/2019 by clubbing other case Nos.1155 to 1174/2019 and 791 to 799/2020 in it. 

2. With regard to the maintainability of these cases to try and dispose by this Commission is concerned, this Commission by its order dated 27.01.2021 categorically stated that the booking of the flats for these cases are other than the Dreams Sumadhur for which NCLT, Bengaluru has been issued moratorium order.  Under such circumstances, there is no legal impediment to dispose of these matters.         

3. The above said complaints are similar in nature, except the quantum of amount/date of payment/date of notice. The brief averments made in the complaints are as under:

That the OP is the company incorporated under the register of companies and that Disha Choudhary being the Managing Director of companies by name Dreams Infra India Pvt. Ltd., and Sachin Nayak being the founder Chairman of companies, OP company gave advertisements in daily newspapers and television channels with attractive benefits to the members of the general public to approach the OP for allotment of sites in various parts of Bengaluru city such as Kanakapura Road, Mysuru Road, Electronic City, Hebbal, HAL Bellandoor etc., by putting up huge sign boards with RCB cricket players advertising the name of company on the T-shirts with company logo.

In CC 1154/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land property Sy.No.215 totally measuring 30 guntas situated at Doddanekkundi Village, Krishnarajapuram Hobli, Bengaluru East Taluk, Bengaluru and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Sadan” and OP offered to sell the complainant on a total sale consideration of Rs.19,00,000/- for which the complainant paid a sum of Rs.9,97,500/- on different dates and entered into a MOU with OP dated 16.11.2014 vide booking Form No.D-10769.

In CC 1155/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land situated at Thindlu Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru Urban District property Sy.No.8/8, totally measuring 1 acre 32 guntas and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950sq.ft. proposed project known as “Dreams Suprabhata” and OP offered to sell the complainant on a total sale consideration of Rs.22,00,000/- for which the complainant paid a sum of Rs.7,99,700/- on different dates and entered into a MOU with OP dated 24.08.2015. 

In CC 1156/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased land bearing No.8/8 measuring 1 acre 22 guntas situated at Roopena Agrahara Village, Begur Hobli, Bengaluru South Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Sangam” and OP offered to sell the complainant on a total sale consideration of Rs.28,00,000/- for which the complainant paid a sum of Rs.15,00,000/- on different dates.

 In CC 1157/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing No.8-5-1A(Old Sy.No.8/5), House List No.1A, measuring 3200 sq.f.t. and property bearing No.8-5-1B, House list No.1B measuring 6400 sq.ft. totally measuring 9600 sq.ft. situated at Roopena Agrahara Village, Begur Hobli, Anekal Taluk, Bengaluru South Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Sangam” and OP offered to sell the complainant on a total sale consideration of Rs.22,80,000/- for which the complainant paid a sum of Rs.11,70,000/- on different dates and entered into a MOU with OP dated 03.04.2015 vide booking Form No.16539.

In CC 1158/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land situated at Haralakunte Village, Begur Hobli, Bengaluru South Taluk, property bearing Sy.No.52/4 and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1150 sq.ft in the proposed project known as “Dreams Shloka-2” and OP offered to sell the complainant on a total sale consideration of Rs.20,00,000/- for which the complainant paid a sum of Rs.17,00,000/- on different dates and entered into a MOU with OP vide booking Form No.5844.

In CC 1159/2019 the complainants submit that the OP with their staff represented the complainants stating that they have purchased the land bearing Sy.No.130/3 totally measuring 33 gunats situated at Hormavu Village, Krishnarajapuram Hobli, Bengaluru East Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainants booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Saakar” and OP offered to sell the complainants on a total sale consideration of Rs.20,00,000/- for which the complainants paid a sum of Rs.15,00,000/- on different dates and entered into a MOU with OP dated 22.07.2015.

In CC 1160/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.3/2, 3/3, 3/4, 3/5 totally measuring 1 acre situated at Chikka Kannelli Village, Varthur Hobli, Bengaluru East Taluk, 3 and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Siddi Vinayaka” and OP offered to sell the complainant on a total sale consideration of Rs.17,00,000/- for which the complainant paid a sum of Rs.17,00,000/- on different dates and entered into a MOU with OP dated 14.03.2013.

In CC 1161/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased land at Kothanur Village (presently called as Puttenahalli Village), Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru Urban District property Sy.No.102, totally measuring 9801 sq.ft.  The complainant booked 2 BHK flat measuring 1242 sq.ft. proposed project known as “Dreams Samhita” and OP offered to sell the complainant on a total sale consideration of Rs.30,00,000/- for which the complainant paid a sum of Rs.15,50,000/- on different dates and entered into a MOU with OP.

In CC 1162/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land in Boganahalli Village, Varthur Hobli, Bengaluru East Taluk property bearing No.75/2 totally measuring 1 acre 18 guntas and that they are constructing an apartment on the said land.  The complainant booked 1 BHK flat measuring 600 sq.ft. proposed project known as “Dreams Sairam” and OP offered to sell the complainant on a total sale consideration of Rs.12,00,000/- for which the complainant paid a sum of Rs.3,60,001/- on different dates and entered into a MOU with OP on 08.10.2014.

In CC 1163/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.3 totally measuring 1 acre 18 guntas situated at Chambenahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Swagat” and OP offered to sell the complainant on a total sale consideration of Rs.13,75,000/- for which the complainant paid a sum of Rs.3,43,750/- on different dates and entered into a MOU with OP on 11.02.2016.

In CC 1164/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land in Doddakkallasandra Village, Uttarahalli Hobli, Bengaluru South Taluk property bearing Sy.No.17/P3 totally measuring 1 acre and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1100 sq.ft. proposed project known as “Dreams Sarvotham” and OP offered to sell the complainant on a total sale consideration of Rs.15,00,000/- for which the complainant paid a sum of Rs.3,75,000/- on different dates and entered into a MOU with OP on 24.03.2015.

In CC 1165/2019 the complainants submit that the OP with their staff represented the complainants stating that they have purchased the land bearing Sy.No.79/4, totally measuring 6.12 guntas situated at Veerasandra Village, Attibele Hobli, Anekal Taluk.  The complainants booked 2 BHK flat measuring 850 sq.ft. proposed project known as “Dreams Susthapit” and OP offered to sell the complainants on a total sale consideration of Rs.11,00,000/- for which the complainants paid a sum of Rs.5,21,548/- on different dates and entered into a MOU with OP on 11.02.2010.10.02.2016.

In CC 1166/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing property Sy.No.121/3 (Old No.121/1), totally measuring 1 acre 10 guntas situated at Boganahalli Village, Varthur Hobli, Bengaluru East Taluk and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1400 sq.ft. proposed project known as “Dreams Sneh” and OP offered to sell the complainant on a total sale consideration of Rs.30,00,000/- for which the complainant paid a sum of Rs.15,00,000/- on different dates and entered into a MOU with OP on 25.09.2016.

In CC 1167/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.79/4 totally measuring 6.12 guntas, situated at Veerasandrda Village, Attibele Hobli, Anekal Taluk and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1150 sq.ft. proposed project known as “Dreams Susthapit” and OP offered to sell the complainant on a total sale consideration of Rs.17,00,000/- for which the complainant paid a sum of Rs.10,23,825/- on different dates and entered into a MOU with OP on 28.02.2016.

In CC 1168/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land situated at Raghuvanahalli Village, Uttarahalli Hobli, Bengaluru South Taluk property bearing No.13/1/F, Old Khatha No.13, totally measuring 14197.5 sq.ft.  The complainant booked 1 BHK flat measuring 700 sq.ft. proposed project known as “Dreams Samadhan” and OP offered to sell the complainant on a total sale consideration of Rs.12,75,000/- for which the complainant paid a sum of Rs.4,20,000/- on different dates and entered into a MOU with OP on 15.02.2016.

In CC 1169/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.3 totally measuring 1 acre 18 guntas situated at Chambenahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1050 sq.ft. proposed project known as “Dreams Swagat” and OP offered to sell the complainant on a total sale consideration of Rs.15,00,000/- for which the complainant paid a sum of Rs.4,68,125/- on different dates and entered into a MOU with OP on 08.09.2015.

In CC 1170/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land situated at Raghuvanahalli Village, Uttarahalli Hobli, Bangalore South Taluk, property bearing No.13/1F, Old Khatha No.13, totally measuring 14197.5 sq.ft.  The complainant booked 1 BHK flat measuring 700 sq.ft. proposed project known as “Dreams Samadhan” and OP offered to sell the complainant on a total sale consideration of Rs.12,75,000/- for which the complainant paid a sum of Rs.4,20,000/- on different dates and entered into a MOU with OP on 15.02.2016.

In CC 1171/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.17 totally measuring 1635.78 sq.ft. situated at Industrial layout, Koramanagala, 66-A, Division of Bangalore City Corporation, Bengaluru and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1200 sq.ft. proposed project known as “Dreams Samrudhi” and OP offered to sell the complainant on a total sale consideration of Rs.40,00,000/- for which the complainant paid a sum of Rs.12,00,000/- on different dates and entered into a MOU with OP.

In CC 1172/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.3 totally measuring 1 acre 18 guntas situated at Chambenahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked BHK flat measuring 1350 sq.ft. proposed project known as “Dreams Swagat” and OP offered to sell the complainant on a total sale consideration of Rs.17,00,000/- for which the complainant paid a sum of Rs.4,25,000/- on different dates and entered into a MOU with OP on 11.02.2016.

In CC 1173/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.8/8 totally measuring 1 acre situated at Thindlu Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Suprabhata” and OP offered to sell the complainant on a total sale consideration of Rs.25,00,000/- for which the complainant paid a sum of Rs13,50,000/- on different dates and entered into a MOU with OP on 21.12.2015.

In CC 1174/2019 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land situated at Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore Urban District property bearing Sy.No.102, totally measuring 6725 sq.ft. and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1325 sq.ft. proposed project known as “Dreams Samitha” and OP offered to sell the complainant on a total sale consideration of Rs.29,00,000/- for which the complainant paid a sum of Rs.6,10,000/- on different dates and entered into a MOU with OP on 23.10.2016.

In CC 791/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land at Banjara Layout, Bengaluru and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1200 sq.ft. proposed project known as “Dreams Samveda” and OP offered to sell the complainant on a total sale consideration of Rs.25,00,000/- for which the complainant paid a sum of Rs.99,200/- on different dates and entered into a MOU with OP.

In CC 792/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.52/1A, totally measuring 1 acre 2 guntas situated at Haralkunte Village, Begur Hobli, Bangalore South Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1100 sq.ft. proposed project known as “Dreams Sholka” and OP offered to sell the complainant on a total sale consideration of Rs.30,00,000/- for which the complainant paid a sum of Rs.7,50,000/- on different dates and entered into a MOU with OP on 08.06.2014.

In CC 793/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.79/4, Veerasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District totally measuring 20 guntas and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1150 sq.ft. proposed project known as “Dreams Susthapit” and OP offered to sell the complainant on a total sale consideration of Rs.14,00,000/- for which the complainant paid a sum of Rs.7,00,000/- on different dates and entered into a MOU with OP on 13.04.2016.

In CC 794/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.78/1 measuring 31 guntas situated at Veerasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Siddhi-2” and OP offered to sell the complainant on a total sale consideration of Rs.14,00,000/- for which the complainant paid a sum of Rs.4,20,000/- on different dates and entered into a MOU with OP on 06.04.2016.

In CC 795/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.121/27 totally measuring 30 guntas situated at Hebbagodi Village, Attibele Hobli, Anekal Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Sampoorna” and OP offered to sell the complainant on a total sale consideration of Rs.16,00,000/- for which the complainant paid a sum of Rs.8,65,956/- on different dates and entered into a MOU with OP on 23.02.2016.

In CC 796/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No. 121/27 totally measuring 30 guntas situated at Hebbagodi Village, Attibele Hobli, Anekal Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Sampoorna” and OP offered to sell the complainant on a total sale consideration of Rs.16,00,000/- for which the complainant paid a sum of Rs.5,52,562/- on different dates and entered into a MOU with OP on 23.02.2016.

In CC 797/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.8/8 measuring 14 guntas situated at Tindlu Village, Yelahanka Hobli, Bengaluru North Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Suprabath” and OP offered to sell the complainant on a total sale consideration of Rs.6,65,000/- for which the complainant paid a sum of Rs.6,99,175/- on different dates.

In CC 798/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.78/1, measuring 31 guntas situated at Veerasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District.  The complainant booked 2 BHK flat measuring 925 sq.ft. proposed project known as “Dreams Siddhi-2” and OP offered to sell the complainant on a total sale consideration of Rs.18,00,000/- for which the complainant paid a sum of Rs.6,90,000/- on different dates and entered into a MOU with OP in the year 2013.

In CC 799/2020 the complainant submits that the OP with their staff represented the complainant stating that they have purchased the land bearing Sy.No.20/1B, totally 35 gunats situated at Kadubeesanahalli Village, Varthur Hobli, Bangalore South Taluk and that they are constructing an apartment on the said land.  The complainant booked flat 2 BHK flat measuring 1055 sq.ft. proposed project known as “Dreams Swapnapoorthi” and OP offered to sell the complainant on a total sale consideration of Rs.26,00,000/- for which the complainant paid a sum of Rs.13,00,000/- on different dates.

It is submitted by the complainants that they are fond hope with OP and their staff will start the project and complete the same with in a stipulated period and when the OPs did not start the project, the complainants started enquiring about the delay in starting the project and the OP and their staff were postponing the same by giving one reason or the other did not start the project till date.  Further they submits that on request and instructions of the OPs, the complainants filled the cancellation and returned all the original documents to the OPs.  The complainants submits that they again and again approached the OP and all efforts went in vain, finally OPs are not available in the office at Koramanagala and other Branches all over Bengaluru and have not refunded the advance amount to the complainants which is clear indication that the OPs have played a calculated fraud on the complainant by creating the documents, forged the documents, committed criminal breach of trust and finally cheated the complainants.  Hence, it is clear from the inception OPs had no intention to develop the project and the OPs are involved in unfair trade practice and deficiency in service.

Further complainants submits that when they approached the jurisdictional Madivala Police Station, the said Madivala Police has registered a case for the offences punishable under Section 420 IPC in different crime numbers against the OP and their staff, now the investigation is taken up by the CID police, Karnataka State. 

Further complainants submits that they got issued a legal notice calling upon the OPs to refund the amount within seven days, is returned with an endorsement the addresses left.  In spite of the legal notice, the OPs have not returned the amount due to the complainants.  Hence, these complaints are filed.

The cause of action for the above complaints arises on the date when the booking of the flat were done by making initial payments and subsequent payments made by the complainants towards sale consideration, after issuance of legal notice when the OP failed to repay the amount till today which is continued cause of action and complaint is well within the limitation period. 

4. After admitting the complaints, the learned counsel for the complainants filed memo for clubbing these cases and filed I.A.1/2020 under Order V Rule 20(1A) of CPC for issuance of common notice in daily news paper.  The said memo is allowed and allowed the said I.A.1/2020, therefore common notices were ordered to OPs published in daily news paper called Hosa Digantha.  The Common notice is published in Hosadigantha but, OPs did not appeared, hence placed exparte.

         5. The complainants to substantiate their case filed affidavit evidence and got marked the documents Ex.A.1 to Ex.A.5 in CC 1154/2019, Ex.A.1 to Ex.A.9 in CC 1155/2019, Ex.A.1 to Ex.A.6 in CC 1156/2019, Ex.A.1 to Ex.A.8 in CC 1157/2019, Ex.A.1 to Ex.A.5 in CC 1158/2019, Ex.A.1 to Ex.A.3 in CC 1159/2019, Ex.A.1 to Ex.A.6 in CC 1160/2019, Ex.A.1 to Ex.A.3 in CC 1161/2019, Ex.A.1 to Ex.A.5 in CC 1162/2019, Ex.A.1 to Ex.A.5 in CC 1163/2019, Ex.A.1 to Ex.A.5 in CC 1164/2019, Ex.A.1 to Ex.A.4 in CC 1165/2019, Ex.A.1 to Ex.A.4 in CC 1166/2019, Ex.A.1 to Ex.A.6 in CC 1167/2019, Ex.A.1 to Ex.A.5 in CC 1168/2019, Ex.A.1 to Ex.A.9 in CC 1169/2019, Ex.A.1 to Ex.A.5 in CC 1170/2019, Ex.A.1 to Ex.A.4 in CC 1171/2019, Ex.A.1 to Ex.A.6 in CC 1172/2019, Ex.A.1 to Ex.A.5 in CC 1173/2019, Ex.A.1 to Ex.A.4 in CC 1174/2019, Ex.A.1 to Ex.A.3 in CC 791/2020, Ex.A.1 to Ex.A.6 in CC 792/2020, Ex.A.1 to Ex.A.6 in CC 793/2020, Ex.A.1 to Ex.A.5 in CC 794/2020, Ex.A.1 to Ex.A.6 in CC 795/2020,  Ex.A.1 to Ex.A.6 in CC 796/2020,  Ex.A.1 to Ex.A.6 in CC 797/2020, Ex.A.1 to Ex.A.3 in CC 798/2020 and Ex.A.1 to Ex.A.6 in 799/2020.

       6. Heard the learned counsel for the complainants.

        7. The points that arise for our consideration are:

1. Whether is there any deficiency of service on the part of OPs, if so, whether the Complainants entitled for the relief sought for? 
2. What order?

        8.  Our answers to the above points are as under:

Point No.1:  Party in the Affirmative 

Point No.2:  As per the final order for the following

REASONS

9. Point No.1:  We have briefly stated the contents of all the complaints.  In these cases, we noticed that in spite of service of notices to the OPs, OPs did not appear to contest the claim of the Complainants by way of filing the version, hence placed exparte. Under such circumstances, non-appearance and non-filing of version can be drawn an adverse inference that, the OPs have admitted the claim of the Complainants in the light of the decision reported in 2018 (1) CPR 314 (NC) in the case of M/s.Singla Builders & Promoters Ltd., vs. Aman Kumar Garg, wherein it is held that,

“Non-filing of written version to complaint before the forum, amounts to admission of the allegations levelled against them in consumer complaint”.

10. Now, we place reliance on the available material on record for just disposal of these cases.  In CC No.1154/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land property Sy.No.215 totally measuring 30 guntas situated at Doddanekkundi Village, Krishnarajapuram Hobli, Bengaluru East Taluk, Bengaluru and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Sadan” and OP offered to sell the said flat on a total sale consideration of Rs.19,00,000/- for which the complainant paid a sum of Rs.9,97,500/- on different dates and entered into a MOU with OP dated 16.11.2014 vide booking Form No.D-10769.

11. In CC 1155/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land situated at Thindlu Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru Urban District property Sy.No.8/8, totally measuring 1 acre 32 guntas and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950sq.ft. proposed project known as “Dreams Suprabhata” and OP offered to sell the said flat on a total sale consideration of Rs.22,00,000/- for which the complainant paid a sum of Rs.7,99,700/- on different dates and entered into a MOU with OP dated 24.08.2015. 

12. In CC 1156/2019, it is evident from the documents produced by the complainant that the complainant has purchased land bearing No.8/8 measuring 1 acre 22 guntas situated at Roopena Agrahara Village, Begur Hobli, Bengaluru South Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked flat 2 BHK measuring 1025 sq.ft. proposed project known as “Dreams Sangam” and OP offered to sell the said flat on a total sale consideration of Rs.28,00,000/- for which the complainant paid a sum of Rs.15,00,000/- on different dates.

13.  In CC 1157/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing No.8-5-1A(Old Sy.No.8/5), House List No.1A, measuring 3200 sq.ft. and property bearing No.8-5-1B, House list No.1B measuring 6400 sq.ft. totally measuring 9600 sq.ft. situated at Roopena Agrahara Village, Behur Hobli, Anekal Taluk, Bengaluru South Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Sangam” and OP offered to sell the said flat on a total sale consideration of Rs.22,80,000/- for which the complainant paid a sum of Rs.11,70,000/- on different dates and entered into a MOU with OP dated 03.04.2015 vide booking Form No.16539.

14. In CC 1158/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land situated at Haralakunte Village, Begur Hobli, Bengaluru South Taluk, property bearing Sy.No.52/4 and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1150 sq.ft in the proposed project known as “Dreams Shloka-2” and OP offered to sell the said flat on a total sale consideration of Rs.20,00,000/- for which the complainant paid a sum of Rs.17,00,000/- on different dates and entered into a MOU with OP vide booking Form No.5844.

15. In CC 1159/2019, it is evident from the documents produced by the complainants that the complainants have purchased the land bearing Sy.No.130/3 totally measuring 33 gunats situated at Hormavu Village, Krishnarajapuram Hobli, Bengaluru East Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainants booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Saakar” and OP offered to sell the said flat on a total sale consideration of Rs.20,00,000/- for which the complainants paid a sum of Rs.15,00,000/- on different dates and entered into a MOU with OP dated 22.07.2015.

16. In CC 1160/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.3/2, 3/3, 3/4, 3/5 totally measuring 1 acre situated at Chikka Kannelli Village, Varthur Hobli, Bengaluru East Taluk, 3 and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1025 sq.ft. proposed project known as “Dreams Siddi Vinayaka” and OP offered to sell the said flat on a total sale consideration of Rs.17,00,000/- for which the complainant paid a sum of Rs.17,00,000/- on different dates and entered into a MOU with OP dated 14.03.2013.

17. In CC 1161/2019, it is evident from the documents produced by the complainant that the complainant has purchased land at Kothanur Village (presently called as Puttenahalli Village), Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru Urban District property Sy.No.102, totally measuring 9801 sq.ft.  The complainant booked 2 BHK flat measuring 1242 sq.ft. proposed project known as “Dreams Samhita” and OP offered to sell the said flat on a total sale consideration of Rs.30,00,000/- for which the complainant paid a sum of Rs.15,50,000/- on different dates and entered into a MOU with OP.

18. In CC 1162/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land in Boganahalli Village, Varthur Hobli, Bengaluru East Taluk property bearing No.75/2 totally measuring 1 acre 18 guntas and that they are constructing an apartment on the said land.  The complainant booked 1 BHK flat measuring 600 sq.ft. proposed project known as “Dreams Sairam” and OP offered to sell the said flat on a total sale consideration of Rs.12,00,000/- for which the complainant paid a sum of Rs.3,60,001/- on different dates and entered into a MOU with OP on 08.10.2014.

19. In CC 1163/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.3 totally measuring 1 acre 18 guntas situated at Chambenahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Swagat” a and OP offered to sell the said flat on a total sale consideration of Rs.13,75,000/- for which the complainant paid a sum of Rs.3,43,750/- on different dates and entered into a MOU with OP on 11.02.2016.

20. In CC 1164/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land in Doddakkallasandra Village, Uttarahalli Hobli, Bengaluru South Taluk property bearing Sy.No.17/P3 totally measuring 1 acre and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1100 sq.ft. proposed project known as “Dreams Sarvotham” and OP offered to sell the said flat on a total sale consideration of Rs.15,00,000/- for which the complainant paid a sum of Rs.3,75,000/- on different dates and entered into a MOU with OP on 24.03.2015. As per the MOU, complainant has paid Rs.2,87,300/- but as per receipt, complainant has paid Rs.3,75,000/-. 

21. In CC 1165/2019, it is evident from the documents produced by the complainants that the complainants have purchased the land bearing Sy.No.79/4, totally measuring 6.12 guntas situated at Veerasandra Village, Attibele Hobli, Anekal Taluk.  The complainant booked flat 2 BHK flat measuring 850 sq.ft. proposed project known as “Dreams Susthapit” and OP offered to sell the said flat on a total sale consideration of Rs.11,00,000/- for which the complainants paid a sum of Rs.5,21,548/- on different dates and entered into a MOU with OP on 11.02.2010.10.02.2016. As per the MOU, complainant has paid Rs.4,76,300/- and after complainant has paid remaining amount of Rs.45,248/- total comes to Rs.5,21,548/-. 

22. In CC 1166/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing property Sy.No.121/3 (Old No.121/1), totally measuring 1 acre 10 guntas situated at Boganahalli Village, Varthur Hobli, Bengaluru East Taluk and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1400 sq.ft. proposed project known as “Dreams Sneh” and OP offered to sell the said flat on a total sale consideration of Rs.30,00,000/- for which the complainant paid a sum of Rs.15,00,000/- on different dates and entered into a MOU with OP on 25.09.2016.

23. In CC 1167/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.79/4 totally measuring 6.12 guntas, situated at Veerasandrda Village, Attibele Hobli, Anekal Taluk and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1150 sq.ft. proposed project known as “Dreams Susthapit” and OP offered to sell the said flat on a total sale consideration of Rs.17,00,000/- for which the complainant paid a sum of Rs.10,23,825/- on different dates and entered into a MOU with OP on 28.02.2016. As per the MOU, complainant has paid Rs.8,50,000/-  and provisional receipt Rs.1,73,875/- total comes Rs.10,23,825/-. 

24. In CC 1168/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land situated at Raghuvanahalli Village, Uttarahalli Hobli, Bengaluru South Taluk property bearing No.13/1/F, Old Khatha No.13, totally measuring 14197.5 sq.ft.  The complainant booked 1 BHK flat measuring 700 sq.ft. proposed project known as “Dreams Samadhan” and OP offered to sell the said flat on a total sale consideration of Rs.12,75,000/- for which the complainant paid a sum of Rs.4,20,000/- on different dates and entered into a MOU with OP on 15.02.2016.

25. In CC 1169/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.3 totally measuring 1 acre 18 guntas situated at Chambenahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1050 sq.ft. proposed project known as “Dreams Swagat” and OP offered to sell the said flat on a total sale consideration of Rs.15,00,000/- for which the complainant paid a sum of Rs.4,68,125/- (as per receipt) on different dates and entered into a MOU with OP on 08.09.2015.

26. In CC 1170/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land situated at Raghuvanahalli Village, Uttarahalli Hobli, Bangalore South Taluk, property bearing No.13/1F, Old Khatha No.13, totally measuring 14197.5 sq.ft.  The complainant booked 1 BHK flat measuring 700 sq.ft. proposed project known as “Dreams Samadhan” and OP offered to sell the said flat on a total sale consideration of Rs.12,75,000/- for which the complainant paid a sum of Rs.4,20,000/- on different dates and entered into a MOU with OP on 15.02.2016. 

27. In CC 1171/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.17 totally measuring 1635.78 sq.ft. situated at Industrial layout, Koramanagala, 66-A, Division of Bangalore City Corporation, Bengaluru and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1200 sq.ft. proposed project known as “Dreams Samrudhi” and OP offered to sell the said flat on a total sale consideration of Rs.40,00,000/- for which the complainant paid a sum of Rs.12,00,000/- on different dates and entered into a MOU with OP.

28. In CC 1172/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.3 totally measuring 1 acre 18 guntas situated at Chambenahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1350 sq.ft. proposed project known as “Dreams Swagat” and OP offered to sell the said flat on a total sale consideration of Rs.17,00,000/- for which the complainant paid a sum of Rs.4,25,000/- on different dates and entered into a MOU with OP on 11.02.2016.

29. In CC 1173/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.8/8 totally measuring 1 acre situated at Thindlu Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Suprabhata” and OP offered to sell the said flat on a total sale consideration of Rs.25,00,000/- for which the complainant paid a sum of Rs13,50,000/- on different dates and entered into a MOU with OP on 21.12.2015.

30. In CC 1174/2019, it is evident from the documents produced by the complainant that the complainant has purchased the land situated at Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore Urban District property bearing Sy.No.102, totally measuring 6725 sq.ft. and that they are constructing an apartment on the said land.  The complainant booked t 3 BHK flat measuring 1325 sq.ft. proposed project known as “Dreams Samitha” and OP offered to sell the said flat on a total sale consideration of Rs.29,00,000/- for which the complainant paid a sum of Rs.6,10,000/- on different dates and entered into a MOU with OP on 23.10.2016. As per the MOU, Rs.6,00,000/- and as per cash/bank payment voucher Rs.10,000- paid by the complainant total comes to Rs.6,10,000/-.

31. In CC 791/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land at Banjara Layout, Bengaluru and that they are constructing an apartment on the said land.  The complainant booked flat 3 BHK flat measuring 1200 sq.ft. proposed project known as “Dreams Samveda” and OP offered to sell the said flat on a total sale consideration of Rs.25,00,000/- for which the complainant paid a sum of Rs.99,200/- on different dates and entered into a MOU with OP.

32. In CC 792/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.52/1A, totally measuring 1 acre 2 guntas situated at Haralkunte Village, Begar Hobli, Bangalore South Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1100 sq.ft. proposed project known as “Dreams Shloka” and OP offered to sell the said flat on a total sale consideration of Rs.30,00,000/- for which the complainant paid a sum of Rs.7,50,000/- on different dates and entered into a MOU with OP on 08.06.2014.

33. In CC 793/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.79/4, Veerasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District totally measuring 20 guntas and that they are constructing an apartment on the said land.  The complainant booked 3 BHK flat measuring 1150 sq.ft. proposed project known as “Dreams Susthapit” and OP offered to sell the said flat on a total sale consideration of Rs.14,00,000/- for which the complainant paid a sum of Rs.7,00,000/- on different dates and entered into a MOU with OP on 13.04.2016.

34. In CC 794/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.78/1 measuring 31 guntas situated at Veerasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Siddhi-2” and OP offered to sell the said flat on a total sale consideration of Rs.14,00,000/- for which the complainant paid a sum of Rs.4,20,000/- on different dates and entered into a MOU with OP on 06.04.2016.

35. In CC 795/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.121/27 totally measuring 30 guntas situated at Hebbagodi Village, Attibele Hobli, Anekal Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Sampoorna” and OP offered to sell the said flat on a total sale consideration of Rs.16,00,000/- for which the complainant paid a sum of Rs.8,65,956/- (as per receipt) on different dates and entered into a MOU with OP on 23.02.2016.

36. In CC 796/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No. 121/27 totally measuring 30 guntas situated at Hebbagodi Village, Attibele Hobli, Anekal Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Sampoorna” and OP offered to sell the said flat on a total sale consideration of Rs.16,00,000/- for which the complainant paid a sum of Rs.5,52,562/-  (as per receipt) on different dates and entered into a MOU with OP on 23.02.2016.

37. In CC 797/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.8/8 measuring 14 guntas situated at Tindlu Village, Yelahanka Hobli, Bengaluru North Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 950 sq.ft. proposed project known as “Dreams Suprabath” and OP offered to sell the said flat on a total sale consideration of Rs.6,65,000/- but as per MOU Rs.19,00,000/- for which the complainant paid a sum of Rs.6,99,175/- on different dates.  As per MOU Rs.5,76,000/- paid by the complainant but as per approval form Ex.A.3 Rs.6,99,175/- paid by the complainant.

38. In CC 798/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.78/1, measuring 31 guntas situated at Veerasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District.  The complainant booked 2 BHK flat measuring 925 sq.ft. proposed project known as “Dreams Siddhi-2” and OP offered to sell the said flat on a total sale consideration of Rs.18,00,000/- for which the complainant paid a sum of Rs.6,90,000/- on different dates and entered into a MOU with OP in the year 2013.

39. In CC 799/2020, it is evident from the documents produced by the complainant that the complainant has purchased the land bearing Sy.No.20/1B, totally 35 gunats situated at Kadubeesanahalli Village, Varthur Hobli, Bangalore South Taluk and that they are constructing an apartment on the said land.  The complainant booked 2 BHK flat measuring 1055 sq.ft. proposed project known as “Dreams Swapnapoorthi” and OP offered to sell the said flat on a total sale consideration of Rs.26,00,000/- for which the complainant paid a sum of Rs.13,00,000/- on different dates.

        40. Any how we place the reliance on the available materials on record.  On going through the contents of the complaints it is evident that the complainants are entered into an MOU with the OPs for purchasing the flats.  In this context, the complainants paid the advance amount which is evident from the documents produced by the complainants.  To falsify all these facts, OPs did not appeared. Upon causing notice, OPs did not respond.  Hence, the complainants sought for refund of amount paid by them with interest at 18% p.a., etc., In this context to place the reliance of the judgement reported in EMAAR MGF Land Ltd., & Anr. V/s Amit Puri, II (2015) CPJ 568 (NC) wherein it was held that, after the promised date of delivery of possession, if the project is not completed, the discretion lies with the Complainant whether he wants to take delivery of possession or seeks refund of earnest money.

“This decision again followed by NCDRC in the decision reported in 2018 (1) CPR 436 (NC) in the case of Vatika Limited., V/s Shaleen Chugh and Anr. Wherein the important point is stated as under:

The act of the Petitioner in not refunding the amount deposited by the Complainants despite not having completed the project on time and further not even having communicated the promised date of delivery of possession, amounts to deficiency in service”.

Hence, option is left open to them for enforcement of the agreement of sale directing the OPs for registration of the sale deed if not sought for refund of money.  In this context, we inclined to direct the OPs to refund the said sum.

 41. With regard to the compensation and interest is concerned, if the interest is charged at the rate of 10% p.a. by way of compensation in the light decision reported in 2019 (1) CPR 650 (NC) in the case of Pradeep Kumar Gupta and Ors. vs. Ireo Grace Realtech Pvt. Ltd., we hope ends of justice would meet sufficiently.  In the said judgement, it was held that:

“Consumer Protection Act, 1986 – Sec.14(1)(c) & (d) and 21–Real estate – Booking of residential flats by Complainants – Case of complainants is that not only possession of apartments was not offered to them, even construction is not complete despite they having made substantial payment to OP – If a builder fails to deliver possession of flat/plot booked with him, within time period committed for this purpose and is unable to justify the said delay, this would constitute defect or deficiency in service rendered by him to buyer and in such a case, this Commission, in exercise of powers conferred upon it by Section 14(1) (c) & (d) of Consumer Protection Act would be competent to direct refund of amount paid by buyer to builder, along with appropriate compensation for loss or injury suffered by buyer due to defect/deficiency in services rendered to him by builder-In all consumer complaints, opposite party shall refund entire principal amount received from complainants along with compensation in form of 10% simple interest- OP shall also pay sum of Rs.25,000/- as cost of litigation in each complaint”.

42. The facts of the above said decision are similar to that of the present cases on hand. In the instant cases, though the complainants have paid the substantial part of the amount, but OPs did not commence the project as the land in question where intends it to start the project is litigated land.  In this context the complainants have no other go except to cancel the booking.  In this context there was no response from OPs. When complainants have paid the substantial part of the amount and OPs have failed to discharge their obligation under the booking form and receipts, that itself is deficiency of service.  In this context, we inclined to accept the contention taken by the Complainants with regard to their claim for refund of money covered under the Memorandum of Understanding, receipts and cancellation form.  In the light of decision cited supra, if the interest is charged at the rate of 10% by way of compensation, we hope ends of justice would meet sufficiently.  In this context, we come to conclusion that the complainants are entitled for the refund of the advance amount with interest at the rate of 10% by way of compensation. Further we come to the conclusion to fix an amount of Rs.5,000/- being the cost of litigation to complainants.   Accordingly, Point No.1 is answered Partly in Affirmative.

             43. Point No.2:  In the result, we pass the following:

COMMON ORDER

The complaints in CC 1154 to 1174/2019 and 791 to 799/2020 filed by the complainants are allowed in part. 

2. The OPs are jointly and severally directed to refund Rs.9,97,500/- (Rupees nine lakhs ninety seven thousand five hundred only) in CC 1154/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
3. The OPs are jointly and severally directed to refund Rs.7,99,700/- (Rupees seven lakhs ninety nine thousand seven hundred only) in CC 1155/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
4. The OPs are jointly and severally directed to refund Rs.15,00,000/- (Rupees fifteen lakhs only) in CC 1156/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
5. The OPs are jointly and severally directed to refund Rs.11,70,000/- (Rupees eleven lakhs only) in CC 1157/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
6. The OPs are jointly and severally directed to refund Rs.17,00,000/- (Rupees seventeen lakhs only) in CC 1158/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
7. The OPs are jointly and severally directed to refund Rs.15,00,000/- (Rupees fifteen lakhs only) in CC 1159/2019 to the complainants along with interest at 10% p.a. from the date of payment till its realization.
8. The OPs are jointly and severally directed to refund Rs.17,00,000/- (Rupees seventeen lakhs only) in CC 1160/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization
9. The OPs are jointly and severally directed to refund Rs.3,60,001/- (Rupees three lakhs sixty thousand and one rupee only) in CC 1162/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
10. The OPs are jointly and severally directed to refund Rs.3,43,750/- (Rupees three lakhs forty three thousand seven hundred and fifty only) in CC 1163/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
11. The OPs are jointly and severally directed to refund Rs.3,75,000/- in CC 1164/2019 (Rupees three lakhs seventy five thousand only) to the complainant along with interest at 10% p.a. from the date of payment till its realization.
12.  The OPs are jointly and severally directed to refund Rs.5,21,548/- (Rupees five lakhs twenty thousand five hundred and forty eight only) in CC 1165/2019 to the complainants along with interest at 10% p.a. from the date of payment till its realization.
13. The OPs are jointly and severally directed to refund Rs.15,00,000/- (Rupees fifteen lakhs only)  in CC 1166/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
14. The OPs are jointly and severally directed to refund Rs.10,23,825/- in CC 1167/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
15. The OPs are jointly and severally directed to refund Rs.4,20,000/- (Rupees four lakhs twenty thousand only) in CC 1168/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
16. The OPs are jointly and severally directed to refund Rs.4,68,125/- (Rupees four lakhs sixty eight thousand one hundred and twenty five only) in CC 1169/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
17. The OPs are jointly and severally directed to refund Rs.4,20,000/- (Rupees four lakhs twenty thousand only) in CC 1170/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
18. The OPs are jointly and severally directed to refund Rs.12,00,000/-(Rupees twelve lakhs only) in CC 1171/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
19. The OPs are jointly and severally directed to refund Rs.4,25,000/- (Rupees four lakhs twenty five thousand only) in CC 1172/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
20. The OPs are jointly and severally directed to refund Rs.13,50,000/- (Rupees thirteen lakhs fifty thousand only) in CC 1173/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
21. The OPs are jointly and severally directed to refund Rs.6,10,000/- (Rupees six lakhs ten thousand only) in CC 1174/2019 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
22. The OPs are jointly and severally directed to refund Rs.99,200/- (Rupees ninety nine thousand two hundred only) in CC 791/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
23. The OPs are jointly and severally directed to refund Rs.7,50,000/- (Rupees seven lakhs fifty thousand only) in CC 792/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
24. The OPs are jointly and severally directed to refund Rs.7,00,000/- (Rupees seven lakhs only) in CC 793/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
25. The OPs are jointly and severally directed to refund Rs.4,20,000/- (Rupees four lakhs twenty thousand only) in CC 794/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
26. The OPs are jointly and severally directed to refund Rs.8,65,956/- (Rupees eight lakhs sixty five thousand nine hundred and fifty six only) in CC 795/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
27. The OPs are jointly and severally directed to refund Rs.5,52,562/- (Rupees five lakhs fifty two thousand five hundred and sixty two only) in CC 796/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
28. The OPs are jointly and severally directed to refund Rs.6,99,175/- (Rupees six lakhs ninety nine thousand one hundred and seventy five only) in CC 797/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
29. The OPs are jointly and severally directed to refund Rs.6,90,000/- (Rupees six lakhs ninety thousand only) in CC 798/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
30. The OPs are jointly and severally directed to refund Rs.13,00,000/- (Rupees thirteen lakhs only) in CC 799/2020 to the complainant along with interest at 10% p.a. from the date of payment till its realization.
31. The OPs are also jointly and severally directed to pay a litigation cost Rs.5,000/- each complainants.
32. The above said order is to be comply within six weeks from the date of receipt of this order, failing which the complainants are at liberty to take steps as per Law.
33. Furnish free copy of this order to both the parties.
34. This original order shall be kept in complaint No.1154/2019 and the copy of the same shall be kept in other complaint Nos.1155 to 1174/2019 and 791 to 799/2020.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 11^th February, 2021).

In CC No.1154/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1155/2019 the complainant produced the following documents are marked as Ex.A.1 to 9:-

In CC No.1156/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1157/2019 the complainant produced the following documents are marked as Ex.A.1 to 8:-

In CC No.1158/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1159/2019 the complainant produced the following documents are marked as Ex.A.1 to 3:-

In CC No.1160/2019 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.1161/2019 the complainant produced the following documents are marked as Ex.A.1 to 3:-

In CC No.1162/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1163/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1164/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1165/2019 the complainant produced the following documents are marked as Ex.A.1 to 4:-

In CC No.1166/2019 the complainant produced the following documents are marked as Ex.A.1 to 4:-

In CC No.1167/2019 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.1168/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1169/2019 the complainant produced the following documents are marked as Ex.A.1 to 9:-

In CC No.1170/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1171/2019 the complainant produced the following documents are marked as Ex.A.1 to 4:-

In CC No.1172/2019 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.1173/2019 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.1174/2019 the complainant produced the following documents are marked as Ex.A.1 to 4:-

In CC No.791/2020 the complainant produced the following documents are marked as Ex.A.1 to 3:-

In CC No.792/2020 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.793/2020 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.794/2020 the complainant produced the following documents are marked as Ex.A.1 to 5:-

In CC No.795/2020 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.796/2020 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.797/2020 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.798/2020 the complainant produced the following documents are marked as Ex.A.1 to 6:-

In CC No.799/2020 the complainant produced the following documents are marked as Ex.A.1 to 6:-