Construction company ordered to refund €28,000 deposit

Back on 8 June 2005, a company under the name of Mecca Investments Limited signed a promise of sale with Tas-Sellum Development Co Ltd. The agreement related to the purchase of Apartment 23, in Block 9, at Tas-Sellum, Mellieha for €121,000 of which €28,185.42 were paid as deposit. Two years later, in 2007, Mecca Investments Ltd changed its name to Brands International Ltd.

As time passed, the defendants never called upon the other company to conclude the sale and the promise of sale lapsed. Concerned about its monies, Brands International Ltd sent an official letter in December 2012, asking to be reimbursed the deposit paid. When the defendants ignored the request, Brands International Ltd filed a civil suit demanding its monies with interest.

Mr Justice Mark Chetcuti explained that since the defendants did not uphold their right to call on the buyers to effect the purchase, then they had no right to hold on to any deposit paid.

The First Hall of the Civil Court ordered Tas-Sellum Development Co. Ltd to reimburse Brands International Limited the sum of €28,185.42, together with interest, dating from 8 June 2005 until date of payment.