BEFORE THE HON'BLE CONSUMER DISPUTES
REDRESSAL FORUM
COMPLAINT NO._____of 20______
COMPLAINT NO._____of 20____
In the Matter of:
Mr. ______________COMPLAINANT
VERSUS
_____________ DEVELOPERS LTD & OTHERS ?OPPOSITE PARTIES
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION
ACT,1986 ON BEHALF OF SHRI __________________________
MOST RESPECTFULLY SHOWETH:
1. The Complainants are citizens of India and are residing
in ________at ____________________________
2. That the Complainant is engaged in the business of
________________
That the Complainants for the purpose of jurisdiction is
residing within the jurisdiction of this Hon'ble Forum, with
their family at the above address, since last ____years and
such this Hon'ble Forum is competent to adjudicate the
present Complaint.
3. The Opposite Party is a Limited company engaged in
construction of houses, villas, building and other
infrastructure facilities in different part of India. That
the OP No.1 is in the field of the said business for the
last many years and claimed to have sufficient employees and
infrastructure.
4. That the Opposite Party is having a good presence in
India, with its branches spreading over major cities and
towns of India. The OP No.1 has head office at
__________________________. That Opposite Party is
controlled and managed by the Chairman / Co - Chairman /
Managing Director/Directors from decision making, planning
to execution of all tasks.
5. That the Opposite Party had come up with public offer to
sell Villas to be constructed at ______________with a
construction target to be completed in 20___.
6. That the Complainants had booked a Villa from Opposite
Party at and paid advance amount of Rs. _________________ on
___________vide . Copy of the Receipt issued by Opposite
Party against payments made by Complainants is marked as
ANNEXURE 'A.
7. That the complainants had waited till ____________ for
completion of the project and take possession of the Villa.
After waiting for long period the complainants approached
the Opposite party to know the status of construction of the
project. The opposite party expressed their inability and
informed that they had failed to take necessary permission
from various authorities to start the construction of
Villas.
8. That the complainants had shocked by hearing the news and
understood that the Opposite Party had accepted the booking
amount without completing the necessary formalities to cheat
the customers. So the complainants requested the Opposite
party to make refund of the advance amount paid for booking
Villa with independent bay view in Goa.
9. That complaints come to know that the Opposite Party has
cheated them with false promises. So the complainants have
approached the opposite party to refund the advance amount
of Rs. ______________ along with interest for the default
period i.e. from ___________ to till date.
10. That the opposite party had agreed to make refund of the
amount within six months and advised the Complainants to
hand over all the original receipts, provisional allotment
letter and documents to the Opposite party.
The complainants had handed over all the original receipts,
provisional allotment letter and documents to the opposite
party and it was duly acknowledged by the opposite party
vide acknowledgement dated __________________. ANNEXURE -B
11. That the complainants had waited for six months to
receive refund of the application money of Rs. ________
along with interest for the default period. But the opposite
party had not refunded the amount as per their promise till
___________.
12. That since the opposite party failed to make refund of
the amount, the complainant had served a legal notice dated
_________________ through their advocates ________________,
vide Speed post Receipt Nos. ___________________ dated
______. ANNEXURE - C (COLLY).
That the opposite party have not refunded the amount till
date.
13. That the facts of the case clearly show that the
opposite party had dishonest intention to cheat and defraud
the complainant. Due to this the complainants have gone
through mental harassment for many years and caused monitory
loss also to the complainants.
14. The issues involved in the Complaint can be summed up as
under:
15. The Opposite party had offered to construct a Villa and
the Complainants had booked it by paying ________________
16. The Opposite party failed to take necessary permissions
and to start construction of the Villa.
17. The Complainants demanded for refund of the amount from
opposite party. Opposite party offered another Villa in
place of the original villa booked by the complainants.
While inspecting the project it was found that the villa is
being constructed is not according to the taste or
requirement of the complainant and was with poor
construction just to defraud the complainant.
18. The complainants again requested the opposite party to
refund the amount and the opposite party agreed to make
refund of ____________ along with interest within six
months.
19. That the opposite party failed to make refund of the
application amount of ______________________ along with
interest till date.
20. That in the facts and circumstances mentioned herein
above the Complainant has no other efficious remedy but to
knock on the doors of this Hon?ble Forum for justice.
21. That the Opposite Parties are not only guilty of
deficiency in services by not fulfilling their promises in
due course of their services towards their helpless
Customers/ Consumers but also for mental torture and
harassment to the Complainant by unnecessarily misguiding
and delaying the refund of advance amount of ______________
along with interest.
Hence the Opposite Parties are liable refund amount
of______________________ along with interest @ __% p.a. from
_________ to till date towards refund of the application
money paid at the time of booking Villa; Rs._______/-
towards deficiency in services, Rs._______/- for causing
mental torture and harassment to the Complainant,
Rs._______/- towards legal cost.
P R A Y E R
In the facts and circumstances of the case mentioned herein
above, it is most humbly prayed that this Hon'ble Forum may
be pleased to:
a) direct the Opposite Parties to Pay to the Complainant
___________________ along with interest @ __% p.a. ____ to
till date towards refund of the application money paid at
the time of booking Villa;
b) direct the Opposite Parties to pay to the Complainant
Rs._____ for deficiency in services;
c) direct the Opposite Parties to pay to the Complainant
Rs.____ for mental agony/harassment;
d) direct the Opposite Parties to pay to the Complainant Rs.
______ towards the cost of legal expenses; and
e) pass any other order/orders which this
Hon'ble Forum may deem fit in the facts and circumstances of
the case.
COMPLAINANT
THROUGH
____________
Advocates for the Complainants
Address:__________________
Consumer Court
Consumer Complaint fess payable w.e.f. 20th December 2022
Register Consumer Complaint online with National Consumer Helpline Website
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