CONSUMER PLAINT

BEFORE THE DISTRICT CONSUMER DISPUTE

REDRESSAL FORUM, DISTRICT XYZ

COMPLAINT NO. XYZ OF 2020

IN THE MATTER OF

ABHIRAM .... Complainant

VERSUS

CRUZ BUILDERS …. Opposite Party

 COMPLAINT UNDER SECTION 35 OF CONSUMER
PROTECTION ACT, 2019, AS AMENDED UPTO DATE

MOST RESPECTFULLY SHOWETH

1. That the complainant is a law-abiding citizen of India and is aged ___ years
and is presently residing at ________.

2. That the opposite party/respondent is a construction company, registered

under the companies act, 2013.

3. That the respondent construction company has undertaken and completed

the construction of flats that were to be sold to consumers.

4. That the Complainant and the Respondent entered into an agreement for
the sale of a 2BHK flat, where the complainant and the respondent had
agreed upon the agreement for the purchase and sale of the flat
respectively.

5. That the agreement stated that, the complainant had to deposit 50% of the
total amount in advance and the remaining 50% within 12 months of
paying the first instalment. Consensus ad idem was reached and a valid
contract was formed.

6. That the agreement clearly stated that if Abhiram makes the payment
within the stipulated time he will be given the possession within 20 days
of making the full payment.
7. That Abhiram had already made the payment in accordance with the
contract but had still not been given the possession even after 2 months.

8. That the non-delivery of possession of the flat from the respondent in

favour of the complainant even after 2 months of completing the payment
is a direct and major violation of the contract of sale contracted between
them.

9. That in view of the abovesaid, it becomes amply clear that the opposite
party/respondent is not only rendering deficient services to the complainant
herein but the conduct of the opposite party/builder is also squarely
covered under the scope of “Unfair Trade Practices” and as such are
covered under the scope of the Act (Consumer Protection Act, 2019) and
liable thereto.

10. That according to the subject matter of the present suit, the case falls
within the pecuniary jurisdiction of the District consumer dispute redressal
forum since the redressal amount in the case does not exceed 1 crore rupees
as specified under Consumer Protection Act, 2019.

11. That the complainant be provided with the possession of the flat in
accordance with the contract. Furthermore, compensation of Rs. 4,00,000/-
be provided for metal harassment of the complainant due to the non-
performance by the respondent construction company. The complainant is
affixing the requisite court fee on the same.
 PRAYER

IT IS THEREFORE PRAYED TO THIS HON’BLE FORUM THAT:

1. That the respondent be directed to provide the complainant with the

possession of the flat, which was the subject matter of the contract.
The possession should be transferred with immediate effect,

2. The respondents be directed to pay damages to the tune of Rs

4,00,000/- ( Rupees Four Lacs) for harassment and mental agony
caused to the complainant,

3. The respondent be further burdened with the cost of litigation,

4. Any other relief which this Hon’ble forum may deem fit in the given
facts and circumstances of the case be granted in favour of the
complainant and against the respondent.

PLACE - XYZ COMPLAINANT ABHIRAM

THROUGH
DATE – 07/05/2020 ADVOCATE – VEDANT TAPADIA

JURISDICTION

The jurisdiction will lie with the District Consumer Dispute Redressal
Forum. The jurisdiction is pecuniary jurisdiction based on the redressal
amount which does not exceed 1 crore in the instant case.
 LAWS INVOKED TO MAINTAIN THE CLAIM

a) Section 10 of the Specific Relief Act, 1963 because the damage

caused to the complainant cannot be ascertained in the instant
case and the specific performance of the contract is adequate and
is possible in the present situation.

b) Section 73 of the Indian Contract Act, 1872 deals with the

compensation for loss or damages caused by a party for breach
of contract. When a contract has been broken the injured party
can recover from the other party such damages as naturally and
directly arose in the usual course of things from the breach.

c) Section 35(1)(a)(i) of the Consumer Protection Act, 2019

which provides that a complain may be filled in relation to any
goods sold or delivered or agreed to be sold or delivered or any
service provided or agreed to be provided, with a District
Commission the consumer to whom such goods are sold or
delivered or agreed to be sold or delivered or such service is
provided or agreed to be provided. This matches the facts of the
instant case completely.