IN THE MATTER OF:
1. Name of Complainant No. 1
Address: ____________________________________________
2. Name of Complainant No. 2, if any
Address: ____________________________________________
...COMPLAINANTS
VERSUS
1. Name of Developer / Promoter
Registered Office: ____________________________________________
2. Other necessary opposite party, if any
Address: ____________________________________________
...OPPOSITE PARTIES
COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019 FOR DELAYED / NON-DELIVERY OF FLAT, REFUND, INTEREST, COMPENSATION AND COSTS
MOST RESPECTFULLY SHOWETH:
1. THE COMPLAINANTS
The Complainants are residents of ____________. They booked the residential unit described below for personal/family residential use and paid consideration to the Opposite Party. They therefore claim status as consumers under the Consumer Protection Act, 2019, subject to the statutory definition and facts of the purchase.
2. THE OPPOSITE PARTY
The principal Opposite Party is a developer/promoter engaged in construction and sale of residential projects. Directors, officers or associated entities should be joined only where their presence is legally necessary or specific facts establish an independent role or liability; they should not be added merely because of designation.
3. PROJECT, BOOKING AND PAYMENT DETAILS
| Particular | Details |
|---|
| Project name | ________________ |
| Project location | ________________ |
| Flat / Villa / Unit No. | ________________ |
| Booking date | ________________ |
| Allotment / agreement date | ________________ |
| Agreed total consideration | ₹ ________________ |
| Total amount paid | ₹ ________________ |
| Promised possession date | ________________ |
| RERA registration number, if applicable | ________________ |
4. On ____________, relying on the Opposite Party's representations concerning location, specifications, view, amenities, approvals, possession schedule or other material feature, the Complainants booked the unit and paid ₹____________. The booking/allotment documents and receipts are annexed as ANNEXURE C-1 (COLLY).
5. The builder-buyer agreement/agreement for sale/allotment letter dated ____________ provided for possession/completion by ____________, subject to the legally enforceable terms. A copy is annexed as ANNEXURE C-2.
4. DELAY / FAILURE TO DELIVER
6. The Opposite Party failed to complete the project and/or deliver lawful possession by the promised date. On inquiry dated ____________, the Opposite Party stated that approvals were pending / construction was delayed / project was suspended / other explanation.
7. To the extent relevant, the Complainants later learnt that required permissions had not been obtained / represented specifications could not be provided / project progress materially differed from representations. Supporting correspondence or official status material is annexed as ANNEXURE C-3.
5. ALTERNATE UNIT, IF ANY
8. The Opposite Party offered an alternate unit at ____________. The Complainants accepted it conditionally / rejected it because different location, area, view, specifications, project status, price or other material reason.
9. If an alternate allotment was accepted, the earlier booking amount of ₹____________ was adjusted against it on ____________. Thereafter, the alternate unit also remained delayed / materially differed from promised specifications / could not be lawfully delivered.
6. REFUND DEMAND AND BUILDER'S PROMISE
10. The Complainants requested cancellation and refund of ₹____________ together with interest on ____________.
11. By communication dated ____________, the Opposite Party agreed to refund ₹____________ within ____________ / in monthly instalments of ₹____________. The communication is annexed as ANNEXURE C-4.
12. If the Opposite Party required surrender of original receipts, allotment letters or documents, these were handed over on ____________ against acknowledgement annexed as ANNEXURE C-5. Copies/electronic records have been retained wherever available.
13. Despite expiry of the promised refund period, the Opposite Party failed to refund the outstanding principal amount of ₹____________ and applicable interest.
14. The Complainants served a legal notice/demand dated ____________ by registered post/speed post/email. The notice and proof of delivery are annexed as ANNEXURE C-6 (COLLY).
7. DEFICIENCY IN SERVICE / UNFAIR TRADE PRACTICE
15. The Complainants submit that accepting consideration upon specified representations, failing to complete or deliver the promised residential unit within the legally relevant period, materially departing from promised specifications where proved, and thereafter failing to honour an agreed refund constitute deficiency in service and/or unfair trade practice under the Consumer Protection Act, 2019.
8. RERA RIGHTS
16. The project is registered / required to be registered / exempt / status to be verified under the Real Estate (Regulation and Development) Act, 2016. Where applicable, the Complainants rely on the promoter's statutory obligations and the allottee's rights, including Section 18 concerning failure to complete or give possession in accordance with the agreement.
9. JURISDICTION
17. Pecuniary jurisdiction. The value of the goods/services paid as consideration is ₹____________. The complaint therefore falls before the District / State / National Commission under the Consumer Protection Act, 2019 read with the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
18. Territorial jurisdiction. This Commission has jurisdiction because the Opposite Party resides/carries on business / the cause of action wholly or partly arose / the Complainants reside or personally work for gain within the legally applicable territorial limits.
10. LIMITATION
19. The complaint is within the limitation period prescribed by Section 69 of the Consumer Protection Act, 2019. The relevant dates include promised possession / refund demand / refund commitment / failure or refusal to refund. If condonation is required, a separate application showing sufficient cause shall be filed.
11. OTHER PROCEEDINGS
20. The Complainants have not initiated / initiated proceedings before the State/UT RERA Authority, RERA adjudicating officer, civil court, arbitral tribunal, insolvency forum or any other Consumer Commission concerning the same transaction. Details and orders, if any, are disclosed here: ____________________________________________.
12. QUANTIFICATION OF CLAIM
| Claim | Amount / Basis |
|---|
| Refund of principal amount paid | ₹ ____________ |
| Interest claimed | ____% p.a. / legally justified rate |
| Compensation for proved financial loss and mental agony | ₹ ____________ |
| Litigation costs | ₹ ____________ |
| Other relief | ____________________________ |
PRAYER
In view of the above, it is respectfully prayed that this Hon'ble Commission may be pleased to:
a. direct the Opposite Party/ies to refund ₹____________, being the amount paid by the Complainants;
b. award interest at ____% per annum, or such rate as this Hon'ble Commission considers just and lawful, from the respective dates of payment / legally appropriate date until realisation;
c. award compensation of ₹____________ for proved financial loss, inconvenience and mental agony caused by deficiency in service and/or unfair trade practice;
d. award litigation costs of ₹____________;
e. direct return/reconstitution of original documents surrendered for refund processing, wherever necessary;
f. grant any further relief available under Section 39 and other applicable provisions of the Consumer Protection Act, 2019.
COMPLAINANTS
THROUGH
ADVOCATE / AUTHORISED REPRESENTATIVE, IF ANY
Place: ____________
Date: ____________
VERIFICATION
We, names of complainants, verify that the factual statements in paragraphs ____ to ____ are true to our knowledge and/or based on records believed to be true and that nothing material has been concealed.
Verified at ____________ on ____________.
COMPLAINANTS
