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FORM ‘M’
[See rule 36(1)]
COMPLAINT TO REGULATORY AUTHORITY

Complaint Under Section 31 of the Act


10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF

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FORM ‘M’
[See rule 36(1)]
COMPLAINT TO REGULATORY AUTHORITY

Complaint Under Section 31 of the Act

For use of Regulatory Authority(s) office:


Date of filing: ______________________
Date of receipt by post: ______________________
Complaint No.: ______________________
Signature: ________________________
Registrar: ________________________
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of 13 

IN THE REGULATORY AUTHORITIES’ OFFICE, NOIDA UP

Between
ABX Complainant
DBX Respondent(s)

Details of Claim:
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IN THE REGULATORY AUTHORITIES’ OFFICE, NOIDA UP

Between
ABX Complainant
DBX Respondent(s)

Details of Claim:

1. Particulars of the complainant(s):

(i) Name of the Complainant: ABX

(ii) Address of the existing Office/Residence of the Complainant:


1122PJSJFNVJWEFNPVJEFV

(iii) Address for service of all notices:PJDFPOIQWNFPONF

Related titles 2. Particulars of the Respondents:


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Name(s) of Respondent:
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Name(s) of Respondent:

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(1) PARMESH CONSTRUCTION CO. LTD


Through their Authorised signatory Mr. Sanjit Bhutani .
(UPRERA Registration No. UPRERAPRJ7301)
Office address of the Respondent: Plot No. 3 & 4, 2 nd floor, A Block Market,
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(1) PARMESH CONSTRUCTION CO. LTD


Through their Authorised signatory Mr. Sanjit Bhutani .
(UPRERA Registration No. UPRERAPRJ7301)
Office address of the Respondent: Plot No. 3 & 4, 2 nd floor, A Block Market,
Preet Vihar, Delhi
Address for service of all Notices : Plot No. 3 & 4, 2 nd floor, A Block
Market,
Preet Vihar, Delhi
(2) INVESTOR CLINIC Tapasya Corp heights, Floor No: 5, E-F-G-H, Raipur
Khadar, Sector 126, Noida, Uttar Pradesh 201301-

Related titles (RERA REGISTRATION NO: UPRERAAGT10052)


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3. Jurisdiction of the Regulatory Authority:

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.
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3. Jurisdiction of the Regulatory Authority:

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
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complainant and respondent no-1 is enclosed herewith and marked as
of 13 
ANNEXURE-1 to this complaint.

ii) As per the agreement the 1 st respondent conveniently avoided to


mention the date of completion but as per the web-site of the 1 st
respondent the project was to be completed by August 2022. Under the
agreement Rs. 10,96,862 /- (Rupees ten Lakhs Ninety six thousand
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complainant and respondent no 1 is enclosed herewith and marked as
of 13 
ANNEXURE-1 to this complaint.

ii) As per the agreement the 1 st respondent conveniently avoided to


mention the date of completion but as per the web-site of the 1 st
respondent the project was to be completed by August 2022. Under the
agreement Rs. 10,96,862 /- (Rupees ten Lakhs Ninety six thousand
eight hundred and twelve only) was to be paid till 07.12.2020 and Rs.
4,93,950/- (Four lakhs Ninety three nine fifty only) will have to paid
once the interiors in the office space of the petitioner is started.
Balance Rs. 10,58,600/- (Rupees Ten lakhs Fifty eight thousand six
hundred only) was to be paid on possession. True copy of Annexure-
1A to the builder -buyer agreement stipulating the conditions are

Related titles enclosed here with and marked as ANNEXURE-2.


iii) So far as the 2 nd respondent is concerned, they undertook to pay Rs.
of 13

12,58,950/- to the 1 st respondent by buying a property of the


complainant in a pending project EKDANT FNG in which the
complainant had invested Rs. 12,58,950/-. By doing this swapping, the
2nd respondent took the original allotment letter as well as all receipts
issued in favour of the complainant. The original cost of the property
now in dispute was approximately Rs. 4000 to 4500 per sq.ft when it
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF

iii) So far as the 2 nd respondent is concerned, they undertook to pay Rs.


of 13

12,58,950/- to the 1 st respondent by buying a property of the


complainant in a pending project EKDANT FNG in which the
complainant had invested Rs. 12,58,950/-. By doing this swapping, the
2nd respondent took the original allotment letter as well as all receipts
issued in favour of the complainant. The original cost of the property
now in dispute was approximately Rs. 4000 to 4500 per sq.ft when it
was launched. It is reliably understood that the 2 nd respondent who was
the channel partner of Bhutani Alphathum Project obtained the area
under dispute at the time of the launch of the project ‘ALPHATHOM’
at the lowest price. As per the understanding reduced in to writing
between the complainant and the 2 nd respondent, the 2 nd respondent had
to pay Rs. 12,58,950/- to the 1 st respondent as and when demanded by

Related titles the 1st respondent. In the present case Rs. 3,00,000/- (Rupees three


lakhs only) ofwas
13
the only payment made by

the 2 nd respondent which
was adjusted accordingly as evidenced by the receipt dated 19.10.2021.

True copy of the receipt adjusting Rs. 3,00,000/- is enclosed herewith


and marked as ANNEXURE-3. All demands to be paid by the
complainant as per the agreement was paid up, except the last demand
of Rs. 4,93,950/- (Rupees Four lakhs Ninety three thousand nine
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF

lakhs only) ofwas


13
the only payment made by

the 2 nd respondent which
was adjusted accordingly as evidenced by the receipt dated 19.10.2021.

True copy of the receipt adjusting Rs. 3,00,000/- is enclosed herewith


and marked as ANNEXURE-3. All demands to be paid by the
complainant as per the agreement was paid up, except the last demand
of Rs. 4,93,950/- (Rupees Four lakhs Ninety three thousand nine
hundred and fifty only) since the same was to be paid only when the
interior work inside the allotted area is started as according to the
agreement. An amount of Rs. 3,97,000/- (Rupees Three Lakhs Ninety
Seven Thousand only) was paid on 07.10.2020 and Rs. 4,39,486/-
(Rupees Four Lakhs Thirty nine thousand and Four eighty six only)
was paid on 18.10. 2020 by the petitioner even before signing the

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-
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(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-
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

Related titles of payments made in that project. In furtherance of the understanding,


out of Rs. 12,58,950/-,
of 13
Rs. 3 ,00,000/- alone

was paid by the 2 nd

respondent. 2 nd respondent failed to make further payments of balance


Rs. 9,58,950/- which ought to have been paid by them till date.
iv) On 21.01.2021 the 1 st respondent sent a demand notice stating that the
petitioner had to pay Rs. 17,97,404/- (Rupees Seventeen Lakhs Ninety
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF

out of Rs. 12,58,950/-,


of 13
Rs. 3 ,00,000/- alone

was paid by the 2 nd

respondent. 2 nd respondent failed to make further payments of balance


Rs. 9,58,950/- which ought to have been paid by them till date.
iv) On 21.01.2021 the 1 st respondent sent a demand notice stating that the
petitioner had to pay Rs. 17,97,404/- (Rupees Seventeen Lakhs Ninety
seven thousand for hundred and four only). Contrary to what is stated
in the agreement dated 20.11.2020 , it is seen stated that Rs. 5,53,224/-
was to be paid by the complainant on 25.02.2020 i.e even before
signing of the agreement on 20.11.2020. It is also stated that Rs.
11,85,632/-(Rupees Eleven Lakhs Eighty Five thousand Six hundred
thirty two only) to be paid by 20.Feb 2021. It is trite to mention that

Related titles these payments were to be made only if the interior is started and


completed and
of 13
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
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completed and
of 13
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
of 13 
by the complainant is
enclosed herewith and marked as ANNEXURE-7

vi) An SOA with update was forwarded to the complainant by the 1 st


respondent on 20.04.2022 stating that they have received Rs.
11,36,486/- (Rupees Eleven lakhs thirty six thousand four hundred
and eighty six only). True copy of the SOA dated 20.04.2022 s
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True copy of the notice dated 22.04.2022 sent


of 13 
by the complainant is
enclosed herewith and marked as ANNEXURE-7

vi) An SOA with update was forwarded to the complainant by the 1 st


respondent on 20.04.2022 stating that they have received Rs.
11,36,486/- (Rupees Eleven lakhs thirty six thousand four hundred
and eighty six only). True copy of the SOA dated 20.04.2022 s
enclosed here with and marked as ANNEXURE-8
vii) The project was to be completed by August 2022 as pr the Web-site of
the 1st respondent and even on the date of filing of the compliant, the
interior is not started. Complainant had to get assured returns from the
1st respondent under the builder-buyer agreement but there is no
payment received by the complainant yet because the project is not

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 :
of 13 

In view of the facts mentioned above in paragraph 4 above the


complainant prayers for the following Reliefs:

i) D l d Di t th t th d t t 12% i t t Rs
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of 13 

In view of the facts mentioned above in paragraph 4 above the


complainant prayers for the following Reliefs:

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
of 13 
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
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iii) Direct the 2 nd respondent to pay 12% on Rs. 9,58,950/- being the
of 13 
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

Related titles below :


of 13 

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A. That the respondent ought to have completed the project on or before
August 2022 and started paying the assured returns as per the Builder-
Buyer agreement. Since the first and second respondent in collusion
delayed the interior design work, where by denied the complainant the
10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF

of 13 

Power Your Loyalty Campaigns


A. That the respondent ought to have completed the project on or before
August 2022 and started paying the assured returns as per the Builder-
Buyer agreement. Since the first and second respondent in collusion
delayed the interior design work, where by denied the complainant the
assured rental which they are liable under the B& B agreement, under
Section 16 of the Real Estate (Regulation and Development) Act
2016.

B. Respondent No-1 is demanding payment without completing the


commitment as per the builder buyer agreement to complete and
Related titles


started demanding interest for the amount which the complainant is
of 13 
liable to pay only on the start of the interior as per the payment
schedule ANNEXURE-1A to the Builder Buyer Agreement.

C. Under Proviso to Section 18 of the Real Estate (Regulation and


Development) Act 2016 interest will have to be paid for the money
paid , when the project is delayed and the allottee does not wish to
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started demanding interest for the amount which the complainant is
of 13 
liable to pay only on the start of the interior as per the payment
schedule ANNEXURE-1A to the Builder Buyer Agreement.

C. Under Proviso to Section 18 of the Real Estate (Regulation and


Development) Act 2016 interest will have to be paid for the money
paid , when the project is delayed and the allottee does not wish to
withdraw from the project. Provision reads as follows:

" 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)
of 13
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%.

E Complainant is claiming compensation because he had to suffer


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Section 2(za)
of 13
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%.

E. Complainant is claiming compensation because he had to suffer


tremendous mental agony since the respondents colluded to swindle
the money and property belonging to the complainant. 1 st respondent
and the 2 nd respondent are hand in glove to defraud the prospective
buyers like the complainant by creating tricky agreements and there
after claim the money from the buyers without meeting the
commitments under the builder-buyer agreement. 2 nd respondent
Related titles


managed to get the original papers of the property belonging to the
of 13 
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
of 13 
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
of 13
to draft this complaint. Towards

this the complainant is

claiming Rs 1,00,000/- as legal expenses, including the fee paid to this


authority and printing and stationary etc.
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hire a lawyer
of 13
to draft this complaint. Towards

this the complainant is

claiming Rs 1,00,000/- as legal expenses, including the fee paid to this


authority and printing and stationary etc.

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:

i) Direct the respondents to deposit Rupees Rs.45,460/- being the


Related titles


interest from August 2022 to December 2022 (4 months) till the date
of 13 
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

7. Complaint not pending with any other Court, etc.:


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interest from August 2022 to December 2022 (4 months) till the date
of 13 
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

7. Complaint not pending with any other Court, etc.:

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).

8. Particulars of Bank Draft in respect of the Fee in terms of Sub-Rule (1)


Related titles


of Rule 36:
of 13 

(That the complainant has already made a payment of Rs1,000/- through


online portal under the provision of sub-rule (1) of Rule 36)
(i) Amount

(ii) Name of the bank on which drawn


10/1/23, 12:17 PM RERA Complaint - Final Draft | PDF
of Rule 36:
of 13 

(That the complainant has already made a payment of Rs1,000/- through


online portal under the provision of sub-rule (1) of Rule 36)
(i) Amount

(ii) Name of the bank on which drawn

(iii) Demand draft number

9. List of Enclosures:

Sl. No. Name of Documents Pages


1. Builder -buyer agreement dated 20 th Pages -
Related titles


November 2020 ANNEXURE-1
of 13 
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 -
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November 2020 ANNEXURE-1
of 13 
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 

6. True copy of the demand letter dated Pages -


27.01.2022 issued by the 1 st respondent
ANNEXURE-6
7. True copy of the notice dated 22.04.2022 Page -
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y
2nd respondent).
of 13 ANNEXURE-5 

6. True copy of the demand letter dated Pages -


27.01.2022 issued by the 1 st respondent
ANNEXURE-6
7. True copy of the notice dated 22.04.2022 Page -
sent by the complainant ANNEXURE-7
8. True copy of the SOA dated 20.04.2022 Page -
issued by the 1 st respondent ANNEXURE-
8
9. The Demand letter issued by EKDANT Page-
FNG showing the payment of Rs.
12,58,995/- (Rupees Twelve Lakhs Fifty
Related titles


eight Thousand Nine Hundred Ninety five
of 13 
only) ANNEXURE-9

10. Page-

V ifi ti
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eight Thousand Nine Hundred Ninety five
of 13 
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).

Place: New Delhi


Date:
Related titles


Signature of the Complainant(s)
of 13 
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Signature of the Complainant(s)
of 13 

Related titles


of 13 
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of 13 

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