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.

PRAYER

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:__________________