Draft of Consumer Complaint

Draft of Consumer Complaint

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION - VI, (NEW DISTRICT), GNCT OF DELHI

Complaint No.                 of 2022

In the matter of:

___________________                                               …Complainant

Versus

___________________                                             …Opposite Party

INDEX

New Delhi                                                                Filed By:-

Date :

__________________

          Advocate

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION - VI, (NEW DISTRICT), GNCT OF DELHI

Complaint No.                 of 2022

In the matter of:

___________________                                               …Complainant

Versus

___________________                                            …Opposite Party

MEMO OF PARTIES

    _________

    S/o ____________

R/o____________

                                                                            .......Complainant

                                                    Versus

________________                                            ….Opposite Party

New Delhi                                                                Filed By:-

Date :    

          Advocate

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION - VI, (NEW DISTRICT), GNCT OF DELHI

Complaint No.                 of 2022

In the matter of:

___________________                                               …Complainant

Versus

___________________                                            …Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019       

MOST RESPECTFULLY SHOWETH:

1.    That the complainant is a law abiding and peace loving citizen residing at the address given in memo of parties.

2.    That the Opposite Party i.e. ____________is a limited company having its registered office at_____________. The Opposite Party claims itself to be a reputed real estate developer and _________________planned for developing a______________.

3.    That since the complainant was in need of a commercial property so that he can provide for his family by running any small shop, therefore the complainant decided to buy a commercial unit at a good location at___. The complainant was hopeful that he would be able to start his own business, and hence, got swayed by the OP’s promise of timely delivery of possession i.e. within_____months from the date of construction as was portrayed regarding the aforesaid commercial project.

4.    That the Opposite party, through various advertisements and brochures, had represented to the public at large about its said commercial project and representatives of the Opposite Party. The complainant was specifically told that the Opposite Party delivers its projects in a time-bound manner and has got a good track record in timely delivery of developed units. The complainant had specifically told the officials of Opposite Party about his timely requirement of the commercial unit and he was assured by the officials of the Opposite Party of on time delivery of developed units i.e. within 24 months of start of construction and were also informed that the construction was to commence shortly. Believing the representations and tall claims made by Opposite Party as genuine, the complainant on ______decided to book a commercial unit admeasuring covered area of 409 Sq. Ft. (super built-up area is 610 sq ft approx.) bearing ___________proposed to be developed by ___________.

5.    That the total sale consideration of the aforesaid commercial unit was fixed at _______________out of which the booking amount______________. The copy of the advanced registration form dated _______is enclosed as Annexure C/1. The said booking was made at the office of the OP mentioned above.

6.    Thereafter, a Buyer’s Agreement (hereinafter referred as ‘Agreement’) dated __________was entered into by and between the Complainant and the Opposite Party. It is submitted that the aforesaid agreement was drafted by the Opposite Party itself and as such, the terms and conditions of the agreement were loaded heavily in favor of the Opposite Party. The copy of the Buyers Agreement dated ______is enclosed herewith as Annexure C/2.

7.    That it is submitted that the time was the essence of the agreement and further, even as per the __________it was specifically stipulated that the possession of the said commercial unit would be handed over to the Complainants within 24 months from the date of sanction of building plan. It is, although, submitted that at the time of booking, the OP had assured that the possession would be delivered within the stipulated time of 24 months.

8.    The complainant as per the above mentioned agreement paid all the installments on time, the last installment was paid on_________. Further, the complainants had made payment of other dues also from time to time and till date the following payments have been made by the complainant [L1] :-

The receipts issued by the OP is enclosed herewith as Annexure C/3 (Colly). The copy of the statement showing the payments made by the complainant is enclosed herewith as Annexure C/4. It is submitted that the complainants have paid a total sum of Rs. _______to the opposite party.

9.    That the Opposite Party despite receiving the entire amount of Rs. 31,93,099/- including entire sale value, external development charges, infrastructure development charges, interest free maintenance security deposit, service tax etc. failed to hand over the possession of the commercial unit.

10. That from ____the complainant approached the Opposite Party on a number of occasions expressing his anguish and grievances. However, the OP did not bother and delayed the matter on one pretext or other. Several excuses like shortage of labour, raw-material, legal issues, cancellations by investors, etc. and later pandemic Covid-19, were cited for not handing over the possession. However, despite repeated communications by the complainant, no response in writing was received from the OP. The copies of various letters written in this regard are enclosed as Annexure C/5 (Colly).

11. That the complainant was every time asked to wait despite the complainant having expressed his willingness to pay all the charges towards the stamp duty, registration, etc. However, there was no response from the OP.

12. That, the OP, vide their letter dated________, instead of giving any assurance regarding any date for possession, further raised a demand of Rs. ______under the head of________. Copy of letter dated ______is enclosed as Annexure C/6.

13. That being fed up by dilatory tactics, unprofessional conduct of the OP and undue delay of more than ___years in giving the possession, the complainant does not want to continue with the agreement. The purpose for which the said shop was booked has been frustrated as the complainant has already started his business of consultancy at some other premises elsewhere. The complainant cannot be expected to wait indefinitely and as such, is no longer willing to purchase the said shop.

14. That further, even for the period when the OP had failed to handover the possession, the OP through its agent namely, __________has been demanding maintenance charges. The complainant was shocked when he received the proforma invoice regarding common area maintenance charges and service charges etc. The proforma invoice raised by__________ are enclosed herewith as Annexure C/7 (colly). The reply given to the _________by the complainant alongwith courier/speed post receipt are enclosed herewith as Annexure C/8 (colly).

15. That as per clause ____ of the buyers agreement dated___________, the maintenance charges shall be payable by the complainant only after the possession is handed over to him. Till such time, it is the liability of OP to pay all such charges towards maintenance. It will be unreasonable, illegal and baseless to charge the complainant towards maintenance of a shop, when its possession has not been given to him. 

16. That the OP had raised demand despite earlier having issued ‘No Dues Certificate’ to the complainant. It is submitted that the opposite party is not following the terms of the Buyer’s Agreement dated ______between the Complainant and the Opposite Party and as on today the complainant has paid the entire sale amount, external development charges, service tax before _______and even obtained No Dues Certificate form the OP. Such a practice is not only unethical but also amounts to unfair trade practice and also amounts to deficiency in services apart from being a crime punishable under Section 406/420 IPC.

17. That clearly, unfair trade practices have been resorted to by the Opposite Parties first by delaying the handing over of the possession of the complainant despite him being ready and willing at all time, and secondly, by raising false and frivolous demands. The complainant has always been ready to pay the charges towards execution of Sale Deed.

18. That on________the OP has again sent a demand letter through email demanding the illegal maintenance charges of Rs. _______The OP has refused to handover the possession and execute the Sale Deed till the aforesaid illegal maintenance charges and charges toward VAT are not paid by the complainant. It is submitted that the complainant is not liable to pay any of such charges and the OP is trying to extort undue amount from complainant on frivolous grounds. The Copy of demand letter dated _______issued by OP to complainant is enclosed herewith as Annexure C/10.

19. That the Opposite Party has wrongly put to its own use the hard earned money of the Complainant for a period of more than a decade thereby enriching itself unjustly. This act of the Opposite party amounts to misappropriation of money paid by complainant.

20. That the OP has failed to comply with the terms of the agreement, and the status of construction of shop is still incomplete as the flooring is yet to be done and debris is lying inside the shop. Further, the roof is still to be plastered using POP, there is no electricity connection and no white-wash on the walls. The shop has not been constructed as per specifications and as assured at the time of execution of buyer agreement and even the area appears to be lesser than what was assured.

21. That such acts of omissions and commissions by the Opposite Party have caused severe hardship and harassment to the Complainant and resulted into suffering loss of huge hard earned money besides being deprived of the use of the commercial property. It is submitted that the complainant is entitled to refund of entire amount of ________being paid by the complainant to OP so far towards the sale consideration of the said shop along with an interest @ 24% p.a.

22. That the cause of action arose when the OP failed to handover the possession of the shop and raised further illegal demand vide letter/email __________demanding illegal maintenance charges and service tax. The cause of action still continues since the possession of said unit has not been handed over to complainant on the pretext of non-payment of the amount demanded illegally and not executing Sale Deed and by retaining the hard earned money of the complainant illegally. Hence, the cause of action is continuing in nature and is still continuing in favour of the Complainant and against the Opposite Party as on date of filing the present complaint. Hence, the present complaint is within time.

23. That even today also, the property which complainant booked _____years ago is not ready for occupation. There is no electrical connection, no flooring and whitewash in the said shop. The complainant has been harassed by the OP as they have never allowed the complainant to measure the area of the shop for the past many years.

24. That the O.P. is liable to pay to compensation to the complainant on the following counts :-

(a)      Refund of the amount paid towards

            Principal  Amount               :              

(b)      Compensation towards the losses

          caused due to not handing

          over possession in time and       :         towards the mental agony, undue

      harassment and exploitation

(d)      Towards the legal expenses        :        

In addition, the interest @24% p.a. may kindly be awarded on the above said amount from date of amount paid to the OP till its refund.

25. That the Opposite Party is liable to compensate the Complainant of all the losses suffered by them due to the deficient services, delays and unfair trade practices followed by the Opposite Party.

26. That this Hon’ble Commission has the pecuniary jurisdiction to hear and adjudicate the present Complaint as the total sale consideration of the commercial unit booked by the complainant is Rs. ______within the pecuniary jurisdiction of this Hon’ble Forum and the total compensation claimed is Rs. ______/- which is also within the pecuniary jurisdiction of this Hon’ble Forum.

27.          That this Hon’ble Commission has the territorial jurisdiction to hear and adjudicate the present Complaint as the OP company has its registered office within territorial jurisdiction of this Hon’ble Commission and the booking of the property was done by the complainant at the registered office of the OP company at___________, which is within territorial jurisdiction of this Hon’ble Commission. Further, the buyer’s agreement has also been executed at the above mentioned address, and the illegal demands dated ______have also been raised by the OP company form their aforesaid office.

28.          That the Annexures filed along with this Complaint are true and correct copies of their original.

29.          The Complainant state that no other such or similar consumer complaint seeking reliefs has been filed by them against the Opposite Party.

P R A Y E R

It is therefore, most respectfully, prayed that this Hon’ble Court may kindly be pleased to :

(a)  Direct the Opposite Party to refund Rs.__________ along with interest @24% per annum and restrain the OP from raising any further demands from complainants.

(b) Direct the opposite party to pay the Compensation for a sum of Rs. ______towards the total sale consideration paid by the complainant, a sum of Rs. _______towards the mental agony, undue harassment and exploitation, and a sum of _______towards the legal expenses or such amount as this Court may deem fit to the complainant towards the losses suffered by them due to deficient services and unfair trade practices on the part of the opposite party.

(c)  Pass any other order as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice.

Date :                                                                   

Complainant

Delhi                                     Through

Advocate

Verification

Verified at Delhi on this     day of ______that the contents of this complaint are true and correct to the best of our knowledge and nothing material has been concealed therefrom.

Complainant

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION - VI, (NEW DISTRICT), GNCT OF DELHI

Complaint No.                 of 2022

In the matter of:

___________________                                               …Complainant

Versus

___________________                                            …Opposite Party

AFFIDAVIT

I, ______, S/o__________, R/_____, aged about ____ years, do hereby solemnly affirm and declare as under:-

1.             That I am the complainant in the aforesaid case and therefore well conversant with the facts and circumstances of the case.

2.             That I am filing the accompanying complaint before this Hon’ble Forum, the contents of the same are not being repeated herein for the sake of brevity and the same may kindly be read as part and parcel of this affidavit also.

3.             That the contents of the complaint have been read over to me in vernacular and I have understood the same to be true and correct.

DEPONENT

VERIFICATION

Verified at Delhi on this       day of July, 20__ that the contents of the paras __ to __ of above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.                                                                                 

DEPONENT