BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, NEW DELHI

(ORIGINAL JURISDICTION)

CONSUMER COMPLAINT NO. __________OF 2022

IN THE MATTER OF:-

MR. HIMMAT SINGH & ANR
.....COMPLAINANT(S)
VERSUS

VVA DEVELOPERS PVT. LTD.

.......RESPONDENT

CONSUMER COMPLAINT UNDER

SECTION 34 OF THE CONSUMER
PROTECTION ACT, 2019 (AMENDED
UPTO DATE) FOR UNFAIR TRADE
PRACTICE AND GRAVE DEFICIENCY
AND DISCREPANCY IN SERVICES ON
THE PART OF THE RESPONDENT
ALONGWITH COMPENSATION FOR
HARASSMENT AND MENTAL AGONY

To,
The Hon’ble President,
& Other Members of the
District Consumer Dispute Redressal Commission,
New Delhi.

THE COMPLAINANT MOST RESPECTFULLY SUBMITS AS

UNDER:-

1. That the present complaint has been preferred by Mr.

Himmat Singh and his wife Mrs. Babli Manral, herein after

referred to as the Complainants. That the Complainants are

Consumers as defined under Section 2 (7) (i) of the Consumer

Protection Act, 2019 and are residents of Delhi at the

aforesaid address. That the Complainants are peace loving

citizens and have a good reputation in the Society.

2. That the Respondent, VVA DEVELOPER PVT. LTD. is a

Company incorporated under the Companies Act, 1956,

having its registered office in Delhi. That the Respondent is

engaged in the business of real estate such as construction of

buildings, Malls, Group Housing Complexes including

residential Flats, commercial shops, etc. throughout India.

That facts and circumstances leading to filing of the present

petition are briefly stated as follows:-

3. That in the year 2015, the Respondent publicly announced

that it was developing a Group Housing Complex under the

project name of Aspen Heights, Sector-27 in Revenue Estate

Bhiwadi at Village Khijuriwas, Tehsil Tizara, District Alwar,

Rajasthan.

4. That the Complainant no. 1 and Complainant no. 2 were

desirous for obtaining flat at project Aspen Heights Bhiwadi

in Townone and therefore contacted the developers as they

decided to purchase a residential flat at the aforesaid project.

5. That the Complainant no. 1 and Complainant no. 2 being

interested in the location, design and concept of the said

complex / project decided to invest their hard earned money

towards a residential apartment measuring 900 sq. ft. for a

total consideration of Rs. 21,50,000/- (Rupees Twenty One

Lakhs Fifty Thousand Only) which is payable as per the

Schedule of Payments as annexed herein as Annexure A/1.

6. In furtherance of the aforesaid, the Complainants has

applied to the Respondent vide application dated 09-May-

 2015 for allotment of residential flat in the Aspen Heights. In

furtherance of that Complainants made an Provisional

Registration by payment of Rs. 2,15,000/- (Two Lakh Fifteen

Thousand Rupees) to the Respondent. That the Complainants

issued a cheque of Rs. 2,15,000/- (Two Lakh Fifteen

Thousand Rupees)dated 09/05/2015 bearing cheque no.

04707 drawn on Axis Bank, Green Park, New Delhi in favour

of the Respondent against the provisional registration of

Residential Apartment.

The Provisional Registration Application dated 09/05/2015 is

annexed herewith as Annexure A/2.

The true copies of the said cheques issued by the

Complainants in favour of the Respondent and

acknowledgment receipt from Respondent have been

attached annexed herewith as Annexure A/3Colly).

7. In continuance of the aforesaid the Complainants has made

the following payment to respondent by the different mode

as recited below before the execution of Flat Buyer’s

Agreement.

Date Receipt no. Amount Mode of

Payment

09/05/2015 AH- 2,15,000.00 Chq. No.

0223/1/563 047077

05/06/2015 AH- 2,00,000.00 Neft transfer

0223/2/584

08/06/2015 AH- 15,000.00 Neft transfer

0223/3/585
 That till on 22-Jun-2015 , the complainants has paid a sum of

Rs. 4,30,000/- (Rupees Four Lakhs Thirty Thousand Only)

including the service tax towards the sale price of the said

Flat. These Amount were duly acknowledged by the

Respondent as per clause 1.2 of the Flat Buyers Agreement

Dated 22-Jun-2015. That the said Agreement was duly

signed by the authorised signatory of the Respondent.

The true copies of the duly acknowledged receipts given by

the Respondent is attached and annexed herewith as

Annexure-A/4(Colly)

The true copy of Flat Buyer’s Agreement dated 22-Jun-2015

attached and annexed herewith as Annexure-A/5.

8. That on 10-August-2015, the complainants paid Rs.14,194.00/-

including service tax via Neft transfer. It is further submitted

that the Respondent issued an acknowledgement receipt

bearing no. AH-0223/4/621 towards the said payment. That

the Complainants further submit that after repeated requests

to issue the letter of allotment in respect to the Said

Apartment, the Respondent did not issue the same. That

finally on 18-Aug-2015, the Respondent issued a provisional

allotment of 2BHK-900 Type B Residential Apartment No.

A4-1107 in Tower No. A4 in Aspen Heights via Letter Ref

No. VVA/AH/allotment/2015/08, dated 18-Aug-2015. That

the Complainants has been issued Customer Code that is

AH-0223. That the said letter of allotment was duly signed by

the authorised signatory of the Respondent.

 A true copy of the receipt bearing no. AH-0223/4/621 issued

by the Respondent has been attached and annexed herewith

as Annexure A/6.

The true copy Provisional Allotment Letter is Annexed

herewith as Annexure A/7.

9. That thereafter the Respondent started demanding from the

Complainants the next instalment towards the excavation

work. It is pertinent to note that the Complainants were

constrained of money for the further payments thus

Complainants took the Loan from Axis Bank for further

payment as they were enthused and expected that they will

be allotted the flat in due time that is by June 2018. That the

Complainant took the Loan from Axis Bank and paid Rs.

3,47,982.00/- against the excavation work. Subsequently the

Respondent issued the acknowledgement receipt bearing no.

AH-0223/5/692 towards the said consideration amount paid

by the Complainants. And the Complainant in order to make

payment of Rs.3,47,982.00/- through Axis Bank Loan, the

complainant has further paid Rs.40,260.00/- towards Loan

Insurance. It is further mentioned that the complainant has

paid Interest of total amount Rs.2,29,449/- till June 2022 to

the Bank.

The true copy receipt given by the Respondent are attached

and annexed herewith as Annexure A/8.

The true copies of Repayment Schedule and Interest

Certificate are annexed herewith as Annexure A/9(Colly).

10. It is further submitted that the Complainants bonafidely

released the aforementioned amounts in as much as to

receive the peaceful & timely possession of the Said

Apartment but unfortunately the Respondent failed to

inform the Complainants as regards the progress of the

construction activities at the said project site. Further the

Complainants were under an impression that the

construction activities would have commenced after the said

letter of allotment was issued in their favour by the

Respondent and, therefore, in furtherance of the same, they

planned to visit the project site, in order to have a look as to

the present status of the said project.

11. That in view of the aforesaid, the Complainants made a

personal visit to the project site for the purposes of having a

feel of the construction status. However, the Complainants

were utterly shocked to see that neither the construction had

commenced nor there was any indication to that effect.

Thereafter the Complainants inquired about the same from

the Authorized Signatory of the Respondent that is Mr.

Gagandeep but true information about the delay was not

given to Complainants.

12. That the other towers seems to have built up but tower No.

A4 which was allotted to Complainants was not visible

neither the excavation work done.

13. That further it is submitted that as per clause 28 of the Flat

Buyer’s Agreement, “…the Developer proposes to hand over the

possession of the Flat within a period of thirty six (36) months from
 the date of signing of this Agreement or on start of construction,

whichever is later exclusive of the grace period of six months.”

Thus as per the said agreement it is pertinent to mention that

the Respondent has agreed at the time making payment for

the Flat that the possession shall be handed over latest by

2019.

That thereafter, the Complainants made various attempts to

enquire about the progress of the project but was again

utterly shocked and surprised when they came to know that

there is no sign of completion of project and in fact, at the

project site the work has been stopped and no sign of

construction of Allotted Tower A-4. That the Complainant

have made several enquiries with respondent Office and

project site to enquire about the slow progress of the said

project but they were never attended seriously by giving

evasive and misleading replies and false assurances. The true

copies of some of the photographs of project site dated ___,

attached and annexed herewith as Annexure-A/10.(Colly).

14. That in furtherance of above Complainant sent an email

dated June 26th 2018 regarding enquiry about the actual

status of the allocated Flat and stated their hardship and

financial constrained and requested the respondent for

prompt response and correct information about the Project.

And further complainant requested to compensate his losses.

The internet copy of email is Annexed herewith as

Annexure- A/11.
15. Further the Complainant submits that despite several

reminders given to the Respondent, no action or work has

been started. That afterwards the Complainants regularly

met the authorised representatives of the Respondent in

respect of the development of the Project but no satisfactory

information was provided to them. Thus, being aggrieved the

complainant has demanded to refund all payments made by

them as per the Flat Buyer’s Agreement. However, in one of

the meetings, on 11 Jan 2020 held with Mr. Vivek Jain,

authorised representative at the respondent office committed

to provide the schedule of refund payments within a week.

But no action has been taken by Respondent till date.

16. That the Complainants have made all possible efforts to

resolve the issue amicably, the complainant wrote emails

vide dated 13th -Jan-2020, 20th -Jan-2020, 16th -Sep-2020 and

28th -Nov-2020 to the Respondent for the refund of the

money paid. It is informed that the said email was duly

served to the Respondent. That as usual the Respondent

failed to act on the grievances of the Complainants and has

been enjoying the hard earned money of the complainant for

last seven years. It is submitted that the complainant

demanded refund of deposited money since there was no

anticipation of completion of project and owing to a fraud

committed by the respondent.

The internet copies of the emails are annexed herewith as

Annexure-A/12(Colly).
 The details total payment made by the Complainant to

Respondents till date are herewith:

Date Receipt No. Amount Mode of

Payment

09-05- AH-0223/1/563 2,15,000.00 Chq no.

2015 047077

05-06- AH-0223/2/584 2,00,000.00 Neft

2015 transfer

08-06- AH-0223/1/585 15,000.00 Neft

2015 Transfer

10-08- AH-0223/1/621 14,194.00 Neft

2015 transfer

28-09- AH-0223/1/692 3,47,982.00 Axis

2015 Bank
Loan

28-09- PHR057601537071 40,260.00 Loan

2015 insurance

Total 8,32,436.00
Paymen
t

Add: Interest Paid till June 2,29,449.00

2022 to Bank

17. It is important herein to mention that the Respondent was

invariably giving false assurances to the Complainants after

taking the aforesaid amount. That action of Respondent

clearly establishes the fact that the Respondent always had an

ill intention to harass & grab the hard earned money of the

Complainants. It is further submitted that the representatives

of the Respondent have always been evasive in giving correct

justification and/or explanation for the delay in the

development of the Project and thereafter not refunding the

said amount.
18. That the complainants being aggrieved by the Respondent

ignorant behaviour as they were neither responding to calls

nor any response to emails. The complainants were feeling

cheated and has faced mental agony and stress. That the

Respondents by their behaviour and action has mentally

harassed the Complainants and put them on Financial Stress.

As the Complainants have put all their savings, hard earned

money in last 10-15years on Respondent Project and even

took Home Loan for which they were still paying monthly

EMI for the said Residential Apartment in the hope that it

would be delivered but due to losses suffered Complainant

are suffering from mental agony and financial stress which is

affecting their personal and family life as well.

19. That in the meantime the Complainants has also sent the

Legal Notice dated 28th Dec, 2020 through the Counsel for

demand to refund the money along with interest at the rate

of 18% p.a. The said notice was duly served to Respondent

but as usual no response from their side was given till date.

The true copy of Notice is attached herewith as Annexure

A/13.

20. That the Respondent had accepted the approximately half

payment of the total consideration for the purchase of the

Said residential Flat at Aspen Heights, and had still not

started Construction work since last seven years, therefore, it

not only amounts to unfair trade practice on the part of the

Respondent but also to deficiency of services. It is further

submitted that the Complainants have been waiting for an

 indefinite period to have the physical possession of their

allotted Flat which the Respondent has failed to deliver the

same even in seven long years thereby causing wrongful loss

of time, money, and has caused mental agony and

harassment to the Complainants and further making their life

miserable.

21. In these circumstances, the Respondent is under obligation to

refund the total sum of Rs. 10,61,885.00/- (Principal amount

of Rs.7,92,176.00 + Loan Insurance of Rs.40,260.00/- and Bank

interest amounting to Rs.2,29,449.00/-) paid by the

Complainants to the Respondent as on date of filing along

with 18% simple interest p.a. i.e. Rs.9,50,661.00/- from the

date of payment of each instalment till June 2022. Thus, a

total sum of Rs. 20,12,496.00/- (as calculated in Annexure

A/14) is therefore due and payable from the Respondent to

the Complainants.

A true copy of the calculation sheet is attached and annexed

herewith as Annexure-A/14.

22. That the first cause of action for filing the present complaint

arose on 2018 with a grace of Six Month i.e in 2019 when the

Respondent agreed to deliver the possession of Flat but failed

as even the construction was not started. Further on 11 Jan

2020 when the respondent agreed to refund the amount paid

by the Complainants but again failed despite repeated

request. Furthermore on 28/12/2020 when the Complainants

sent a notice to the Respondent which was duly served upon

the Respondent, stating therein to refund the payment made

 to the Respondent and in the event of Respondent’s failure to

do so, the Complainants would be forced to initiate legal

proceedings against the Respondent. That the cause of

action is still continuing and subsisting as no amount has

been refunded to the Complainants and the same is due and

payable by the Respondent.

23. That the Complainants are the residents of Delhi and the

registered office of the Respondent is within the jurisdiction

of this Hon’ble court and further as per Clause 54 of Flat

Buyer’s Agreement “The Courts at New Delhi shall alone

have jurisdiction”.

24. That the court fee for an amount of Rs. /- has already been

paid as per the value of the complaint i.e. Rs. 20,12,496/-

approx. vide ___.The same has been affixed

25. That the present complaint has been filed within the

limitation period as stipulated under of the Consumer

Protection Act, 2019.

26. That no other such complaint has been filed by the

complainant in any other court of law.

PRAYER
In view of the facts and circumstances stated hereinabove, the

Complainants most humbly and respectfully pray that this Hon’ble

Court may graciously be pleased to:

(a) direct the Respondent to pay / refund to the

Complainants, the total payment amount for the

Residential Appartment by the Complainants to the

Respondent amounting to Rupees Rs. 20,13,496/- (as

calculated in Annexure A/14)

(b) direct the Respondent to pay an amount of Rs. 5,00,000/-

as a compensation for the mental agony, harassment and

extreme hardships faced by the Complainants for seven

long years.

(c) Direct the Respondent to pay Complainants the cost of

present litigation expenses;

(d) Pass any such other and further orders/directions, which

this Hon’ble Court may deem fit and proper in the facts

and circumstances of the present case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS

SHALL AS IN DUTY BOND EVER PRAY.

COMPLAINANT

THROUGH

DELHI:
DATED:

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, NEW DELHI
(ORIGINAL JURISDICTION)
 CONSUMER COMPLAINT NO. __________OF 2022

IN THE MATTER OF :-
MR. HIMMAT SINGH & ANR
.....COMPLAINANT(S)
VERSUS

VVA DEVELOPERS PVT. LTD.

.......RESPONDENT
AFFIDAVIT

I, Himmat Singh S/o Mr. Chandan Singh, R/o House No. -23, C Block,
Street No.1, Dayalpur, Karawal Nagar, North East Delhi-110094, do
hereby solemnly affirm and declare as under :-

1. That the Deponent is the Complainant in the above noted case

and is fully conversant with the facts and circumstances of this
case, hence competent to swear this affidavit.

2. That the contents of accompanying complaint has been drafted

and filed under my instruction by our counsel. The same is read
over to me in its vernacular and I have understood the same to
be true and correct to the best of my knowledge.

3. That the Deponent has not filed any other similar petition
seeking similar relief, either before this Hon’ble court or before
the Hon’ble Supreme court of India or any other Court.

DEPONENT

VERIFICATION:

Verified at Delhi on this day of August 2022 that the contents of the
above affidavit are true and correct to the best of my knowledge and
nothing material has been concealed therefrom.

DEPONENT
 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, NEW DELHI
(ORIGINAL JURISDICTION)

CONSUMER COMPLAINT NO. __________OF 2022

IN THE MATTER OF :-
MR. HIMMAT SINGH & ANR
.....COMPLAINANT(S)
VERSUS

VVA DEVELOPERS PVT. LTD.

.......RESPONDENT
AFFIDAVIT

I, Babli Manral W/o Mr. Himmat Singh, R/o House No. -23, C Block,
Street No.1, DayalPur, Karawal Nagar, North East Delhi-110094,,
Occupation Service, do hereby solemnly affirm and declare as under :-

4. That the Deponent is the Complainant in the above noted case

and is fully conversant with the facts and circumstances of this
case, hence competent to swear this affidavit.

5. That the contents of accompanying complaint has been drafted

and filed under my instruction by our counsel. The same is read
over to me in its vernacular and I have understood the same to
be true and correct to the best of my knowledge.

6. That the Deponent has not filled any other similar petition
seeking similar relief, either before this Hon’ble court or before
the Hon’ble Supreme court of India or any other Court.

DEPONENT

VERIFICATION:

Verified at Delhi on this day of August 2022 that the contents of the
above affidavit are true and correct to the best of my knowledge and
nothing material has been concealed therefrom.

DEPONENT
 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, NEW DELHI
(ORIGINAL JURISDICTION)

CONSUMER COMPLAINT NO. __________OF 2022

IN THE MATTER OF :-
MR. HIMMAT SINGH & ANR
.....COMPLAINANT(S)
VERSUS

VVA DEVELOPERS PVT. LTD.

.......RESPONDENT

CERTIFICATE UNDER SECTION 65-B, EVIDENCE ACT

1. It is certified that the Internet Copies of emails receipt as per

annexure exhibited as Annexure A/11 and A/12(Colly) in the captioned
matter is computer generated and I identify the contents mentioned the
Annexure to be correct.

2. That the relevant record in question is genuine and has been

reproduced from my computer. That during the material part of said
period, the computer was operating properly.

COMPLAINANT

THROUGH

DELHI:
DATED: