IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE,

AT BENGALURU
O.S. NO.__________/2021
BETWEEN:
Smt ANNAPURNA …PLAINTIFFS
AND:
Smt.NIRMALA and others …DEFENDANTS
INDEX
SL. PARTICULARS PAGE
No.
1. Memorandum of Plaint under Order VII Rule
1 Read with Section 26 of the Code Of Civil
Procedure, 1908
2. Affidavit

3. Valuation Slip

4. List Of Documents along with documents

5. Application Under Order 6 Rule 14A of the

Code Of Civil Procedure 1908

6. Vakalat

PLACE; BANGALORE
DATE:
ADVOCATE FOR PLAINTIFF
 IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE,
AT BENGALURU
O.S. NO.__________/2021
BETWEEN
1. Smt ANNAPURNA
W/o RANGASWAMAIAH
Aged 42 years.
Residing at No 60/1,
Near Usha Hospital, Renukanagar
Doddaballapura road, Nelamangala town
Bangalore rural District …PLAINTIFFS
AND
1. Smt Nirmala
W/o Mallegowda
Age about 42 years
2. Mallegowda RS
S/o--------
Aged about ---------
3. RAKSHIT
S/o Mallegowda

Aged about------
Defendant No.1 to 3 are residing at
Near Madhu Ortho clinic
Bhuvaneshwarinagar
T Dasarahalli Bangalore- …DEFENDANTS
 MEMORANDUM OF PLAINT UNDER ORDER VII RULE 1
READ WITH SECTION 26 OF CODE OF CIVIL PROCEDURE

The Plaintiff above named submits as hereunder.

1. The address of the Plaintiff for the purpose of service of

notice, process and for such other purposes is as per the

cause title and as that of their Advocates, M/s LAWYERS

GUILD, represented by Counsels Vijay Narayan, Jyothi

Bhat, and Vignesh K.M, having their office at No.116/1,

1st Floor ‘Lakshmi Nivas’, 11th Cross, West Park Road,

Malleswaram, Bengaluru- 560003.

2. The address of the Defendants for the purpose of service

of summons, notices, etc., is as stated in the Cause Title.

3. The Plaintiff submits that, the Defendants are known to

the plaintiff from a long time and they had a good

relationship with the plaintiff and all the defendants are

residing at above as stated in the cause title.

4. The Plaintiff submits that, they had been approached by

the defendants for a hand loan for their emergency

needs.

5.
6. intended to Join the Chit fund conducted by defendant

No 1 and became a member of chit fund on 10/12/2019

by entering a chit amount of 2,50,000/-. The Plaintiff

further submits that during the search for residential

houses in Bangalore the Plaintiffs came to know about

the project called ‘The Quiet Earth Phase -1’ by the

Defendant No. 1 company.

7. The Plaintiff submits that, the Plaintiffs intended to

purchase a house in above project and approached

Defendant No.1 company. After due deliberation and

negotiation, both parties agreed to execute a Non-Binding

Term Sheet with the Defendants on 15/08/2021. A copy

of the Non-Binding Term Sheet is produced as

DOCUMENT No.1 for the kind perusal of this Hon’ble

Court.

8. The Plaintiff submits that in lieu of the Term Sheet

entered into with the Defendants, the Plaintiff paid a

Sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) by

way of NEFT in favour of Defendant No.1 as token

advance for blocking an Apartment. A copy of the NEFT

 receipt is produced at DOCUMENT No.2 for the kind

perusal of this Hon’ble Court.

9. The Plaintiff submits that, that due to unavoidable

circumstances and unavoidable reasons, the Plaintiffs

have immediately informed the Defendant’s Sales

Executives that they wanted to withdraw from the said

transaction with immediate effect. The Plaintiffs also sent

an email dated 31/08/2021 to the concerned person

who had dealt with the Plaintiffs where the Plaintiffs

requested terminate the Term Sheet the Defendant to

refund the amount. A copy of the Email is produced at

DOCUMENT No.3 for the kind perusal of this Hon’ble

Court.

10. The Plaintiffs submits that, even after sending

multiple requests both orally and by Email, the

Defendants have deliberately failed to refund the amount

and are holding the same illegally.

11. The Plaintiffs submits that, as per the Term-Sheet it

is categorically stated in the Cancellation Clause that

the amount shall be refunded in the event of cancellation

 by the customer within 90 Days from such bookings for

any reason whatsoever.

12. The Plaintiff submits that, the Plaintiffs through

their counsel issued a Demand Notice dated 07/10/2021

calling the Defendants to refund Rs 5,00,000/- (Rupees

Five Lakhs Only) within 15 days from the date of receipts

of the said Notice. But the Defendants were deliberately

failed and ignored to refund the same. Copies of the

Demand Notice dated 07/10/2021 along with postal

receipts and Acknowledgement are produced as

DOCUMENT NO. 4, 5 & 6 respectively for the kind

perusal of this hon’ble court,

13. The Plaintiff submits that, the Term-Sheet that was

entered by the Plaintiffs and the Defendants was a Non-

Binding Contract, and therefore the amount paid as a

token advance for blocking an apartment is to be

refunded with interest.

14. It is submitted that the cause of action arose to file the

above suit on 07/10/2021, when the Plaintiffs issued

 demand notice to the Defendant and all such other dates

Defendants refuse to refund the money.

COURT FEES PAID:

18. The suit is valued as per valuation slip attached

separately along with the suit.

JURISDICTION:

19. The suit schedule property is situated within the

Jurisdiction of this Hon’ble Court and hence, this Hon’ble

Court can adjudicate the above-mentioned suit.

ALTERNATIVE REMEDY SOUGHT:

20. The plaintiffs have not sought for any efficacious remedy

on similar grounds before any other court or forum .

LIMITATION:

21. The suit is within limitation.

PRAYER
WHEREFORE, it is humbly prayed to this Hon’ble Court

be pleased pass judgement and decree in favor of the

Plaintiffs as follows;
 i. To direct the Defendant to pay and tender a sum of

Rs. 5,00,000/- (Rupees Five Lakh Only) with 24%

interest from the date of due till its realization and;

ii. To grant the cost and expenditure of the suit;

iii. To grant such other relief as the Hon’ble Court

deems fit in the circumstances in the above case, in

the interest of Justice and Equity.

ADVOCATE FOR PLAINTIFF PLAINTIFF

VERIFICATION
I, Smt. Purva Pandit, do hereby verify and declare that the

averments made above are true and correct to the best of

my knowledge, information and belief and the same are

prepared as per my instructions. The plaint averments are

prepared as per my instruction and I have read the

contents before affixing the signature to the Plaintiff.

Place: Bengaluru
 Date:
PLAINTIFF

IN THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE,

AT BENGALURU
O.S. NO.__________/2021
BETWEEN:
Smt. Purva Pandit and another …PLAINTIFFS
AND:
Total Environment Homes …DEFENDANTS
VERIFYING AFFIDAVIT

I, _________________________, aged about ______ years S/o or D/o

__________________________ hereby solemnly affirm on oath and
state as follows:

1. I am the Plaintiff No. 1 in the above mentioned case. I am

aware of the facts and circumstances of the case and am
competent to swear to the contents of this affidavit.

2. I submit that the averments made in Para 1to14 are true

to the best of my knowledge, information and belief.

3. I submit that the Documents 1 to 3 are true copies of the

original.

PLACE: Bengaluru

DATE:
IDENTIFIED BY ME DEPONENT

ADVOCATE