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:__________________