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FORM ‘M’
[See rule 36(1)]
COMPLAINT TO REGULATORY AUTHORITY
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FORM ‘M’
[See rule 36(1)]
COMPLAINT TO REGULATORY AUTHORITY
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Between
ABX Complainant
DBX Respondent(s)
Details of Claim:
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
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Between
ABX Complainant
DBX Respondent(s)
Details of Claim:
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Name(s) of Respondent:
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
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Name(s) of Respondent:
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The complainant declares that the Address of the respondents against whom
the complaint is filed falls within the jurisdiction of this regulatory authority.
This Hon'ble authority has got jurisdiction since the project ‘BHUTANI
ALPHATHUM’ regarding which this complaint is filed is situated with in the
jurisdiction of this Hon’ble Authority.
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
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The complainant declares that the Address of the respondents against whom
the complaint is filed falls within the jurisdiction of this regulatory authority.
This Hon'ble authority has got jurisdiction since the project ‘BHUTANI
ALPHATHUM’ regarding which this complaint is filed is situated with in the
jurisdiction of this Hon’ble Authority.
i) That the Complainant who is a citizen of India booked 335 sq.ft co-
th
working Office spaces bearing No. 2680 A & 2693 in Block-B, 26
Floor, in ‘ALPHATHUM’. Total value of the premises agreed upon
comes to Rs. 26,96,500/- (Rupees Twenty Six Lakhs Ninety Six
thousand and Seven Fifty only). True copy of the builder -buyer
agreement dated 20th November 2020 entered in to between the
Related titles
complainant and respondent no-1 is enclosed herewith and marked as
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ANNEXURE-1 to this complaint.
iii) So far as the 2 nd respondent is concerned, they undertook to pay Rs.
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Related titles the 1st respondent. In the present case Rs. 3,00,000/- (Rupees three
lakhs only) ofwas
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the only payment made by
the 2 nd respondent which
was adjusted accordingly as evidenced by the receipt dated 19.10.2021.
Related titles builder-buyer agreement. True copies of the receipt for Rs. 3,97,000/-
(Rupees Three
of 13
Lakhs Ninety Seven Thousand
only) paid on
07.10.2020 is enclosed herewith and marked as ANNEXURE-4. Even
otherwise it was for the 2 nd respondent to pay the amount which they
had undertaken to pay to the 1 st respondent. True copies of the receipt
for Rs. Rs. 4,39,486/- (Rupees Four Lakhs Thirty nine thousand and
Four eighty six only) paid on 18.10.2020 by the complainant (not by
the 2nd respondent) is enclosed herewith and marked as ANNEXURE-
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
(Rupees Three
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Lakhs Ninety Seven Thousand
only) paid on
07.10.2020 is enclosed herewith and marked as ANNEXURE-4. Even
otherwise it was for the 2 nd respondent to pay the amount which they
had undertaken to pay to the 1 st respondent. True copies of the receipt
for Rs. Rs. 4,39,486/- (Rupees Four Lakhs Thirty nine thousand and
Four eighty six only) paid on 18.10.2020 by the complainant (not by
the 2nd respondent) is enclosed herewith and marked as ANNEXURE-
5. It is trite to mention that the 2 nd respondent who is hand in glove
with the 1 st respondent never handed over the agreement that they got
signed from the petitioner. The said agreement is a sham transaction
apart from the fact that the respondent took over the investment in the
project known as Ekdant ‘FNG’ in which the petitioner had invested
Rs. 12,58,950/-, for which they will be getting interest from the dates
out of Rs. 12,58,950/-,
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Rs. 3 ,00,000/- alone
was paid by the 2 nd
Related titles these payments were to be made only if the interior is started and
completed and
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then the property has to be leased
out to the prospective
lessee. Without even starting the interiors as stated in the builder-buyer
agreement, the 1 st respondent stared demanding the money. In the
demand letter Rs. 175 + 5635+ 5810 = Rs. 11,620/- is also added as
interest. Among the same, Rs. 5,635/- has been imposed for non-
payment of one of the installments on 07.12.2020 whereas the said
payment was already made as evidenced by receipt dated 18.10.2020
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
completed and
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then the property has to be leased
out to the prospective
lessee. Without even starting the interiors as stated in the builder-buyer
agreement, the 1 st respondent stared demanding the money. In the
demand letter Rs. 175 + 5635+ 5810 = Rs. 11,620/- is also added as
interest. Among the same, Rs. 5,635/- has been imposed for non-
payment of one of the installments on 07.12.2020 whereas the said
payment was already made as evidenced by receipt dated 18.10.2020
(Annexure-5). Rs. 3,00,000/- adjusted on 01.10.2022 vide receipt dated
19.10.2021 (Annexure-3). True copy of the demand letter dated
27.01.2022 is enclosed herewith and marked as ANNEXURE- 6.
v) On 22.04.2022, the complainant sent a notice to the 1 st respondent
asking them to provide the pictures of the interior work and informed
them that they did not start the interior as stated in the builder-buyer
Related titles agreement yet. No reply is given till date for the said communication.
True copy of the notice dated 22.04.2022 sent
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by the complainant is
enclosed herewith and marked as ANNEXURE-7
Related titles complete and also because of the fraud committed by the 2 nd
respondent, ofwho
13
is not funding the 1 st respondent as per their
commitment to the complainant. The 2 nd respondent is not paying the
amount committed by them to the 1 st respondent. As a consequence the
money invested by the complainant is lying idle with the 1 st respondent
and 2nd respondent. This Authority may direct the 1 st respondent to pay
12% interest on the amount of Rs. 9,58,950/-. The Demand letter
issued by EKDANT FNG showing the payment of Rs. 12,58,995/-
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
respondent, ofwho
13
is not funding the 1 st respondent as per their
commitment to the complainant. The 2 nd respondent is not paying the
amount committed by them to the 1 st respondent. As a consequence the
money invested by the complainant is lying idle with the 1 st respondent
and 2nd respondent. This Authority may direct the 1 st respondent to pay
12% interest on the amount of Rs. 9,58,950/-. The Demand letter
issued by EKDANT FNG showing the payment of Rs. 12,58,995/-
(Rupees Twelve Lakhs Fifty eight Thousand Nine Hundred Ninety five
only) is enclosed herewith and marked as ANNEXURE-9
viii) The present Complainant is aggrieved because of the inordinate delay
in completing the project and by such unlawful practices of the
Respondents and the Complaint is being filed to seek the Redressal of
their grievances from this Hon’ble Authority.
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5. RELIEFS ON THE BASIS OF GROUNDS :
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i) D l d Di t th t th d t t 12% i t t Rs
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
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i) Declare and Direct that the respondent to pay 12% interest on Rs.
11,36,486/- (Rupees Eleven lakhs thirty six thousand four
hundred and eighty six only) till the respondent No-1 complete the
interiors and there by induct the prospective through an appropriate
lease agreement.
ii) Direct the 1 st respondent not to charge any interest for the alleged
delay since the interiors are not started.
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iii) Direct the 2 nd respondent to pay 12% on Rs. 9,58,950/- being the
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balance amount to be paid by them under the project, till they remit
the amount with the 1 st respondent.
iv) Take appropriate action to black list the 1 st and 2 nd respondent from
dealing in real estate business in the State of Utter Pradesh and also
to cancel their respective registrations under UP RERA .
v) Direct Respondent No-1 & 2 to pay compensation amount of
R 5 00 000/ (R Fi L kh l ) h t f t l
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
iii) Direct the 2 nd respondent to pay 12% on Rs. 9,58,950/- being the
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balance amount to be paid by them under the project, till they remit
the amount with the 1 st respondent.
iv) Take appropriate action to black list the 1 st and 2 nd respondent from
dealing in real estate business in the State of Utter Pradesh and also
to cancel their respective registrations under UP RERA .
v) Direct Respondent No-1 & 2 to pay compensation amount of
Rs.5,00,000/- (Rupees Five Lakh only) each on account of mental
agony faced by the Complainant.
iv) Direct the respondents to pay the legal expenses of Rs 1,00,000/-
(Rupees Twenty Five Thousand only).
2. The above reliefs are claimed on the basis of the Grounds mentioned
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started demanding interest for the amount which the complainant is
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liable to pay only on the start of the interior as per the payment
schedule ANNEXURE-1A to the Builder Buyer Agreement.
" PROVIDED that where the allottee does not wish to withdraw
from the project, he shall be paid , by the promoter, interest for
every month of delay, till the handing over of the possession, at
such rate as may be prescribed."
Related titles Since the rate of Interest is not yet prescribed through Rules,
Section 2(za)
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of the Real Estate (Regulation
and Development) Act
2016 applies and the same rate of Interest as that is applied by the
respondent will have to be applied i.e 18%.
Section 2(za)
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of the Real Estate (Regulation
and Development) Act
2016 applies and the same rate of Interest as that is applied by the
respondent will have to be applied i.e 18%.
managed to get the original papers of the property belonging to the
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complainant namely ‘EKDANT FNG’ in the guise of swapping the
flats. Under the underwriting agreement it is the duty of the
underwriter namely the 2 nd respondent to complete the payments to
the1st respondent and ensure that no delay has occurred in making
payments to the 1 st respondent on time, which the 2nd respondent
never do in the present case. The complainant and similar buyers are
kept in dark about the internal arrangement between the 1 st ad 2nd
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
managed to get the original papers of the property belonging to the
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complainant namely ‘EKDANT FNG’ in the guise of swapping the
flats. Under the underwriting agreement it is the duty of the
underwriter namely the 2 nd respondent to complete the payments to
the1st respondent and ensure that no delay has occurred in making
payments to the 1 st respondent on time, which the 2nd respondent
never do in the present case. The complainant and similar buyers are
kept in dark about the internal arrangement between the 1 st ad 2nd
respondent, and in the guise of swapping the flats, shirk of their
liabilities under the underwriting agreement and manipulated the
fragile buyers like the complainant who are already suffering due to
the delay in various housing projects.
F. Petitioner had to get the complaint drafted through a lawyer since his
Related titles mental condition was totally disturbed and for this purpose he had to
hire a lawyer
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to draft this complaint. Towards
this the complainant is
hire a lawyer
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to draft this complaint. Towards
this the complainant is
6. Interim Relief:
Pending final decision of the complaint the Complainant seeks the kind
indulgence of this Hon'ble Authority to issue the following interim-order:
interest from August 2022 to December 2022 (4 months) till the date
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of filing of the complaint.
ii) Direct the respondents to continue to deposit 12% every month till
the date of disposal of the complaint till further orders
iii) Direct 2nd respondent to pay Rs. 9,58,950/- to the 1 st respondent
forthwith or else to pay interest at 12 % annum.s
The complainant further declares that the matter regarding which this
complaint has been made is not pending before any Court of Law or any
other Authority or any other Tribunal(s).
of Rule 36:
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9. List of Enclosures:
November 2020 ANNEXURE-1
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2. Annexure-1A to the builder -buyer
agreement stipulating the conditions Pages-
ANNEXURE-2
3. Copy of the receipt adjusting Rs.
3,00,000/- towards the payment made by
the 2nd respondent ANNEXURE-3
4. True copies of the receipt for Rs. Pages -
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
November 2020 ANNEXURE-1
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2. Annexure-1A to the builder -buyer
agreement stipulating the conditions Pages-
ANNEXURE-2
3. Copy of the receipt adjusting Rs.
3,00,000/- towards the payment made by
the 2nd respondent ANNEXURE-3
4. True copies of the receipt for Rs. Pages -
3,97,000/- (Rupees Three Lakhs Ninety
Seven Thousand only) paid on 07.10.2020
ANNEXURE-4
5. True copies of the receipt for Rs. Pages -
4,39,486/- (Rupees Four Lakhs Thirty nine
thousand and Four eighty six only) paid on
Related titles
18.10.2020 by the complainant (not by the
2nd respondent).
of 13 ANNEXURE-5
eight Thousand Nine Hundred Ninety five
of 13
only) ANNEXURE-9
10. Page-
V ifi ti
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
eight Thousand Nine Hundred Ninety five
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only) ANNEXURE-9
10. Page-
Verification
I, ABX, S/O. Late AABX, the Complainant, do hereby verify that the contents of
Paragraphs [1 to 9] are true to my personal knowledge and belief and that I have
not suppressed any material fact(s).
Signature of the Complainant(s)
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10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
Signature of the Complainant(s)
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