IN THE MATTER OF:
Name of Complainant/Homebuyer
Address: ____________________________________________
Email/Mobile: ________________________
...COMPLAINANT
VERSUS
1. Name of Builder/Developer/Promoter
Registered Office: ____________________________________________
2. Other necessary opposite party, if any
Address: ____________________________________________
...OPPOSITE PARTY/IES
CONSUMER COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019 SEEKING REFUND, INTEREST, COMPENSATION AND COSTS
MOST RESPECTFULLY SHOWETH:
1. STATUS OF THE COMPLAINANT
The Complainant booked/purchased the residential unit described below for personal residential use / use of family and paid consideration to the Opposite Party. The Complainant therefore claims status as a
"consumer" under the Consumer Protection Act, 2019, subject to the statutory definition and the actual purpose of the transaction.
2. PARTICULARS OF THE PROJECT AND BOOKING
The Opposite Party represented that it was developing the project known as ________________ situated at ________________________________. The project/unit particulars are:
| Particular | Details |
|---|
| Project | ________________ |
| Unit / Villa / Apartment No. | ________________ |
| Booking date | ________________ |
| Agreement / allotment date | ________________ |
| Total agreed consideration | ₹ ________________ |
| Amount paid | ₹ ________________ |
| Promised possession/completion | ________________ |
| RERA registration number, if applicable | ________________ |
3. The Complainant paid ₹____________ on ____________ and further sums detailed in ANNEXURE C-1 (COLLY), comprising receipts, bank records and the payment schedule.
4. The Opposite Party issued booking form / allotment letter / builder-buyer agreement / agreement for sale dated ____________, annexed as ANNEXURE C-2. Under the contractual documents, possession/completion was promised by ____________, subject to the terms legally enforceable between the parties.
3. FAILURE TO PERFORM
5. Despite receiving substantial consideration, the Opposite Party failed to obtain required approvals / commence construction / maintain promised progress / complete construction / obtain occupancy or completion certificate / offer lawful possession within the represented or agreed period.
6. On ____________, the Complainant sought an update and was informed that state the builder's explanation accurately. Copies of relevant correspondence are annexed as ANNEXURE C-3 (COLLY).
7. As the promised project/unit was not delivered, the Complainant requested cancellation and refund of ₹____________ together with interest on ____________.
8. The Opposite Party agreed / did not agree to refund the amount. By communication dated ____________, it stated that refund would be made within ____________. A copy is annexed as ANNEXURE C-4.
9. If original receipts or allotment documents were surrendered for processing the refund, the Complainant handed them over on ____________, against acknowledgement annexed as ANNEXURE C-5. The Complainant relies on that acknowledgement and retained copies/electronic records of the surrendered documents.
10. Despite expiry of the promised refund period, the Opposite Party failed to return the amount. The outstanding principal remains ₹____________.
11. The Complainant served a demand/legal notice dated ____________, calling upon the Opposite Party to refund the amount with interest and compensate the Complainant. The notice and proof of delivery are annexed as ANNEXURE C-6 (COLLY).
4. ALTERNATE UNIT, IF OFFERED
12. The Opposite Party offered an alternate unit/project on ____________. The Complainant did not accept the substitute because different location/specifications/price/status/quality or other fact-specific reason. The Complainant therefore maintains the claim for refund, subject to the contractual and statutory rights applicable to the case.
5. DEFICIENCY IN SERVICE AND UNFAIR TRADE PRACTICE
13. The Complainant submits that accepting consideration on the representations made, failing to deliver the unit within the legally relevant period, failing to honour an agreed refund, and withholding the Complainant's money without sufficient lawful basis amount to deficiency in service and/or unfair trade practice under the Consumer Protection Act, 2019, subject to proof and findings of this Commission.
6. RERA RIGHTS, WHERE APPLICABLE
14. The project is registered / required to be registered / exempt / status to be verified under the Real Estate (Regulation and Development) Act, 2016. The Complainant relies, where applicable, on the promoter's statutory duties and the allottee's rights including Section 18 in relation to failure to complete or give possession in accordance with the agreement.
7. JURISDICTION
15. Pecuniary jurisdiction. The value of the goods/services paid as consideration is ₹____________. Accordingly, this complaint is filed before the District / State / National Commission under the Consumer Protection Act, 2019 and the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
16. Territorial jurisdiction. This Commission has jurisdiction because the Opposite Party resides/carries on business or has a branch / the cause of action wholly or partly arose / the Complainant resides or personally works for gain within the legally applicable territorial jurisdiction.
8. LIMITATION
17. The complaint is within the limitation prescribed by Section 69 of the Consumer Protection Act, 2019. The relevant cause-of-action dates include promised possession date / cancellation or refund demand / refund commitment / refusal or failure. If delay condonation is required, a separate application showing sufficient cause shall accompany the complaint.
9. OTHER PROCEEDINGS
18. The Complainant has not initiated / initiated proceedings before the Real Estate Regulatory Authority, adjudicating officer, civil court, arbitration forum or any other Consumer Commission concerning the same transaction. Details, status and orders, if any, are disclosed as follows: ____________________________________________.
10. RELIEFS AND QUANTIFICATION
| Claim | Amount / Basis |
|---|
| Refund of principal amount paid | ₹ ____________ |
| Interest on refund | ____ % p.a. / rate claimed with legal basis |
| Compensation for proved loss and mental agony | ₹ ____________ |
| Litigation costs | ₹ ____________ |
| Other consequential relief, if legally maintainable | ____________________________ |
PRAYER
In view of the above, the Complainant respectfully prays that this Hon'ble Commission may be pleased to:
a. direct the Opposite Party/ies to refund ₹____________, being the amount paid by the Complainant;
b. award interest at ____% per annum, or such rate as this 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 any original documents surrendered to the Opposite Party, where necessary and legally appropriate;
f. grant any other relief available under Section 39 and other applicable provisions of the Consumer Protection Act, 2019 that this Commission considers just and proper.
COMPLAINANT
THROUGH
ADVOCATE / AUTHORISED REPRESENTATIVE, IF ANY
Place: ____________
Date: ____________
VERIFICATION
I, name, the Complainant above named, verify that the factual statements in paragraphs ____ to ____ are true to my knowledge and/or based on records believed to be true, and that nothing material has been concealed.
Verified at ____________ on ____________.
COMPLAINANT
