BEFORE THE HON'BLE CONSUMER DISPUTES
COMPLAINT NO._____of 20______
COMPLAINT NO._____of 20____
In the Matter of:
_____________ 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
Advocates for the Complainants
Section 138 of Negotiable Instruments Act
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