One of the real estate companies operating out of Bangalore had collected 30% deposit from customers for plot sale which was not executed for more than a year due to some land acquisition issues. The company had clearly collected deposit amount based on specifications like plot area, facing direction etc. and charged premium for East facing plots. After collecting 30% deposit and keeping silent for more than a year, the company suddenly notifies the customers throuh email communication to attend a meeting to select the plot in person or through representative in Bangalore but at very short notice. Also, the company with a view to collect as much money as possible opened the plot allotment on first-cum-first serve basis for self funding and immediate cash customers. Though we are a serious customer we could not attend the said meeting at short notice and communicated to the company if there is any other way that we could get our allotment. The company kept silent and after constant provoking replied back that the specification of the land as per MOU was not available and the East facing plot for which premium amount was agreed and 30% deposited is not available. The company is also not willing to compensate for the additiona amount collected and held at their own will without complying to the terms of the MOU. Will this be a case seeking specific performance of the contract (MOU) and stay be obtained for holding back the sale of the plots until the issue is settled? Is there any way a consumer grievance petition can be filed for such high-handed dealing of the company and to seek protection under the MOU for specific performance?
