WHEELING—An Ohio County couple is suing a Texas-based solar energy provider doing business in West Virginia and its three principals, alleging breach of contract.

Dr. Rajai T. Khoury and Nahla Khoury filed a lawsuit July 22 in Ohio Circuit Court against RRE Austin Solar, Dr. Rajesh Mooljibhai Mehta, Ramesh Mehta and Zarna Patel, all of Texas, alleging failure to repay a debt originating in 2011.

According to the complaint, on April 1, 2011, RRE Austin Solar executed a promissory note for $250,000 with a promise to repay the plaintiffs the two-year loan with 12 percent interest for the first year and 15 percent interest for the second year. The lawsuit states specific payment terms and alleges the defendants have failed to make any payments of either principal or interest.

According to the suit, all defendants have violated the terms of the agreement and owe the plaintiffs $317,500 in principal and interest. The plaintiffs allege breach of contract and unjust enrichment.

The Khourys seek judgment for the full outstanding principal balance, interest of $67,500, pre-judgment interest for $30,000 for the first year and $287,500 together with principal for the second year, plus post-judgment interest, along with attorney fees and costs. They are represented by attorneys David Givens and Luke Schmitt of Flaherty Sensabaugh Bonasso in Wheeling. The case has been assigned to Circuit Judge James P. Mazzone.

Ohio Circuit Court case number 15-C-213-JPM.

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