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BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

________________________
Consumer Complaint No. _______

__________________________________
... Complainant
Versus
____________________________________
Opposite Parties

WRITTEN ARGUMENTS ON BEHALF OF THE APPELLANTS

RESPECTFULLY SHOWETH: 1.
That the complaint filed on behalf of the complainant may
kindly be read as part of these arguments.
2.

That the following facts are the sufficient grounds for the

allowing the present complaint:


i)

That the complainant approached the OP to buy the

residential flat, C-1 containing the detail of the project and


cost of flat. The complainant opted for purchase of a two
bedroom flat having super area 2000 Sq. ft for which he filled
the Application form No., C-2 for Registration for allotment of
residential flats as required by the opposite party on dated
16.03.2011 and made the initial deposit Rs. 6,00,000/- vide
demand draft No. ______/SBI Dated ________. The demand
draft and the receipt are C-3 & C-4, which was accepted vide
an acceptance cum demand letter dated ________, C-5.
ii)

That the complainant came to know that some litigation is

going on regarding construction of above mentioned project the


opposite party in the month of May 2011 as the requisite
permission and approval from the concerned authorities were not
obtained by the OP. So the complainant approached the OP for

refund

of

earnest

money

vide

letters

dated

______________________________but in place of refunding the amount


the

OP

continuously

issued

letters

of

demand

on

________________________. Copies above mentioned letters are C-6 to


C-12.
iii)

That even otherwise aslso, there is a defeciency in

service on behalf of the OPs because as per clause 11 of the


terms and condition of allotment in acceptance letter,
annexure C-2, the OP was required to give possession of the
flat in question within three years from the date of acceptance
dated ____________, C-2 which has already been elapsed on
________________. Moreover, as per the booklet, C-1, at top of
__________ of the complaint, the possession was to be delived
within three years, but they failed to hand over the
3.

possession of the flat till date.


That the facts detailed above would clearly show that there is

negligence and deficiency in the services of opposite parties and it


also caused mental torture, harassment and agony to the
complainant as the OP has failed to refund the advance of Rs.
8,00,000/- paid by the complainant as initial deposit.
4.

That in the facts and circumstances of the case, the

complainant is entitled to the relief as a case of defeciency and


delay in delivery of possession is made out in favour of the
complainant and the same deserves to be allowed in the interest of
justice with costs.
It is, therefore, respectfully prayed that this complaint,
may kindly be allowed with costs.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL


FORUM, CHANDIGARH
Consumer Complaint No. _______ of 2014

Rajinder kumar Chauhan son of Shri Kadsu Ram


r/o Flat No. 640, Sector 48-A, Sarvhitkari Co-op
Society, Chandigarh
... Complainant
Versus
Shalimar Estates (P) Ltd. through its Director,
SCO No. 110-111, IInd Floor, Sector 8-C, Chandigarh
Opposite Parties
Affidavit of Rajinder kumar Chauhan son
of Shri Kadsu Ram r/o Flat No. 640,
Sector 48-A, Sarvhitkari Co-op Society,
Chandigarh

I, the above named deponent, do hereby solemnly affirm


and state as under:iv)

That the complainant is residing in Chandigarh at the


address given in the head note of the complaint as such he is
competent to file the present complaint before this Honble
forum.

v)

That the complainant wanted to own a residential flat in


or around Chandigarh as such he came to know that the OP was
constructing residential flats at the locality in the name and style of
Shalimar Complex at Abadi Area, Sarangpur (U.T) Chandigarh.

vi)

That the complainant approached the OP to buy the


residential flat and purchased a booklet containing the detail of the
project and cost of flat. The brochure is annexed as Annexure C-1.

vii)

That the complainant opted for purchase of a two bedroom


flat having super area 900 Sq. Ft.

viii)

That the complainant filled the Application form No.


20376 for Registration for allotment of residential flats as required
by the opposite party on dated 16.03.2011. The copy of the above
mentioned form is annexed as Annexure C-2.

ix)

That the complainant made the initial deposit Rs.


3,00,000/- along with the application form vide demand draft No.
525086/S.B.O.P Dated 16.03.2011. Copy of the demand draft and
the receipt issued by the opposite party are annexed as Annexure
C-3 & C-4.

x)

That the opposite party issued an acceptance cum


demand letter dated 18.03.2011. The copy of the above mentioned
form is annexed as Annexure C-5.

xi)

That the complainant came to know that some litigation


is going on regarding construction of above mentioned project the
opposite party in the month of May 2011 as the requisite
permission and approval from the concerned authorities were not
obtained by the OP. So the complainant approached the OP for
refund of earnest money vide letters dated 07.06.2011,18.06.2011,
28.09.2011, 15.11.2011 & 27.09.2012 but in place of refunding the
amount the OP continuously issued letters of demand on

25.05.2011 & 11.06.2011.The copies above mentioned letters are


annexed as Annexure C-6 to C-12.
xii)

That the OP has not been refunding the amount with


interest as demanded by the complainant.

xiii)

That the facts detailed above would clearly show that


there is negligence and deficiency in the services of opposite parties
and it also caused mental torture, harassment and agony to the
complainant as the OP has failed to satisfy the complainant
regarding the status of the project and necessary approval from the
authorities or refund the advance of Rs. 3,00,000/- paid by the

xiv)

complainant as initial deposit


That this Honble Forum has the jurisdiction to try and
adjudicate the present complaint as the opposite party has its
office is at Chandigarh, hence this Honble Forum has the
territorial jurisdiction to try and entertain the present complaint.

CHANDIGARH

Deponent

DATED: 02.03.2015
VERIFICATION:Verified that the contents of above affidavit are true and
correct to the best of my knowledge. No part of it is false and
nothing material has been concealed there in.

CHANDIGARH
DATED: 02.03.2015

Deponent

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL


FORUM-I, CHANDIGARH
Consumer Complaint No. _______ of 2015
Rajinder kumar Chauhan
... Complainant
Versus
Shalimar Estates (P) Ltd. through its Director,
Opposite Parties
Application for placing on record
fresh Address of opposite party.
RESPECTFULLY SHOWETH: 1.

That above mentioned complaint is pending before this Honble

2.

forum and fixed for 02.06.2015.


That the Honble forum has directed the complainant to supply
fresh address of the opposite party which is as under.
Shalimar Estate
Shalimar Mega Mall
Site No. 5, Sector 5
Punchkula (Haryana)

3.

That it is in the interest of justice that the applicant is allowed to


place on record the fresh address of OP.
It is therefore respectfully prayed that the applicant may
be allowed to place on record the fresh address of OP.

Dated:01.05.2015

(KAMAL.K.SHARMA)(GURMUKH SINGH)
ADVOCATES
Counsel for the Complainant

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL


FORUM-I, CHANDIGARH
Consumer Complaint No. _______ of 2014

Rajinder kumar Chauhan son of Shri Kadsu Ram


r/o Flat No. 640, Sector 48-A, Sarvhitkari Co-op
Society, Chandigarh
... Complainant
Versus
Shalimar Estates (P) Ltd. through its Director,
SCO No. 110-111, IInd Floor, Sector 8-C, Chandigarh
Opposite Parties
Complaint

u/s

12

of

the

Consumer

Protection Act, as amended upto date.

RESPECTFULLY SHOWETH: 1.

That the complainant is residing in Chandigarh at the


address given in the head note of the complaint as such he is
competent to file the present complaint before this Honble forum.

2.

That the complainant wanted to own a residential flat in


or around Chandigarh as such he came to know that the OP was
constructing residential flats at the locality in the name and style of
Shalimar Complex at Abadi Area, Sarangpur (U.T) Chandigarh.

3.

That the complainant approached the OP to buy the


residential flat and purchased a booklet containing the detail of the
project and cost of flat. The brochure is annexed as Annexure C-1.

4.

That the complainant opted for purchase of a two bedroom


flat having super area 900 Sq. Ft.

5.

That the complainant filled the Application form No.


20376 for Registration for allotment of residential flats as required
by the opposite party on dated 16.03.2011. The copy of the above
mentioned form is annexed as Annexure C-2.

6.

That the complainant made the initial deposit Rs.


3,00,000/- along with the application form vide demand draft No.
525086/S.B.O.P Dated 16.03.2011. Copy of the demand draft and
the receipt issued by the opposite party are annexed as Annexure
C-3 & C-4.

7.

That the opposite party issued an acceptance cum


demand letter dated 18.03.2011. The copy of the above mentioned
form is annexed as Annexure C-5.

8.

That the complainant came to know that some litigation


is going on regarding construction of above mentioned project the
opposite party in the month of May 2011 as the requisite
permission and approval from the concerned authorities were not
obtained by the OP. So the complainant approached the OP for
refund of earnest money vide letters dated 07.06.2011,18.06.2011,
28.09.2011, 15.11.2011 & 27.09.2012 but in place of refunding the
amount the OP continuously issued letters of demand on
25.05.2011 & 11.06.2011.The copies above mentioned letters are
annexed as Annexure C-6 to C-12.

9.

That the OP has not been refunding the amount with


interest as demanded by the complainant.

10.

That the facts detailed above would clearly show that there is
negligence and deficiency in the services of opposite parties and it
also caused mental torture, harassment and agony to the
complainant as the OP has failed to satisfy the complainant
regarding the status of the project and necessary approval from the
authorities or refund the advance of Rs. 3,00,000/- paid by the

11.

complainant as initial deposit


That this Honble Forum has the jurisdiction to try and
adjudicate the present complaint as the opposite party has its
office is at Chandigarh, hence this Honble Forum has the
territorial jurisdiction to try and entertain the present complaint.
It is, therefore, respectfully prayed that the Opposite Parties
may kindly be directed to refund a sum of Rs. 3,00,000/- paid by
the complainant as initial deposit and a sum of Rs. 2,00,000/- as
compensation on account of mental harassment and torture and
agony to the complainant along with 24% p.a. interest.
Any other relief which this Honble Forum may deem fit,
be passed in favour of complainant against the Opposite Parties.

CHANDIGARH

Complainant

Dated: 16.02.2015

THROUGH

(KAMAL.K.SHARMA)(GURMUKH SINGH)
ADVOCATES
Counsel for the Complainant

VERIFICATION:Verified that the contents of above complaint are true


and correct to the best of my knowledge. No part of it is false and
nothing material has been concealed there in.
Verified at Chandigarh on this 02 th day of March, 2015.

Complainant