India

MEMORANDUM OF PLAINT UNDER SECTION 26 AND 33 READ WITH ORDER 7 RULE 1 OF THE CODE OF CIVIL PROCEDURE,1908

The Plaintiff above named submits as follows:

1. That the address of the plaintiff for the purpose of the serving of the court notice, summons, etc. from this Hon’ble Court is as stated in the cause title above and the plaintiff may also be served through his counsel, Shree Kalyan Krishna Bandaru, Advocate, office at G185, 10TH Cross, 20th Main, G Block,, Sahakar Nagar, Bengaluru, Karnataka 560092.
2. That the addresses of the defendants for similar purposes is as stated in the cause title above.

1. The Plaintiff has booked a 3 BHK apartment in “Fortuna Blue Wings project” located at Vibhuthipura, of Fortuna Urbanscape Pvt. Ltd. on 11.03.2019 and has made a payment of Rs.200000/- (Rupees Two Lakhs) vide cheque bearing No. 035813 dated 02.03.2019 towards the booking of the said apartment. The Original copy of the payment receipt and the Bank statement is produced herewith for the kind perusal of this Hon’ble Court and the same may be marked as Document No. 1 and Document No. 2 respectively.
2. The Plaintiff on 13th March, 2019 has intimidated the defendant No.1 vide an email stating he is not interested to buy the apartment anymore due to personal reasons and has requested a refund of the total amount of Rs 200000/- at the earliest as there was no agreement of sale executed and the said request of refund is well within 48 hours of booking.
3. The Plaintiff has sent repeated reminder emails and text messages to the defendants No.1 and No.2 and requested a refund of the booking amount of Rs. 200000/- (Rupees Two Lakhs).
4. Whereas the defendants have agreed on 22^nd August 2019, for the said refund to be made by the end of September 2019 vide email communications, but have failed to make any payment. Copy of emails are produced here with for the kind perusal of this Hon’ble Court and the same may be marked as Document No. 3.
5. The Plaintiff was constantly making attempts to seek the balance refund and all his efforts to get the refund went in vein. Moreover, defendant No.1 and the other representatives of the company have started ignoring the calls and requests of refund.
6. The plaintiff has suffered severe loss due to the defendants non-payment in time. Hence, the plaintiff was constrained to issue a legal notice dated 22^nd October, 219 through his counsel, to the defendants calling upon them to pay the aforesaid sum of Rs.2,00,000/- together with interest thereon @ 18 % p.a from the date of booking till the date of payment in full within 15 days from the date of receipt of the notice.
7. The Legal notice was sent through registered post to the defendants on 24^th October, 2019. The defendants having received the notice on 25^th October, 2019 have not cared to reply or refund. The office copy of the legal notice, postal receipt and acknowledgments of the registered post are produced here with for the kind perusal of this Hon’ble Court and the same may be marked as Document No.  4, 5 and 6 respectively. Hence, the plaintiff having left with no other alternative remedy has filed this suit for recovery of the amount due from the defendants.