BEFORE THE NATIONAL CONSUMER DISPUTES REDRESSAL

COMMISSION, NEW DELHI

CONSUMER COMPLAINT NO. OF 2019

IN THE MATTER OF: -

SH. SURESH SAREEN & ANR ……COMPLAINANTS

VERSUS

M/S INTERNATIONAL LAND

DEVELOPERS PVT.LTD. ………OPPOSITE PARTY

EVIDENCE AFFIDAVIT ON BEHALF OF COMPLAINANT NO.1

SURESH SAREEN

MOST RESPECTFULLY SHOWETH: -

I, Suresh Sareen S/o O.P Sareen, Aged 61 , R/o House No.-201, Tower
No.-8, Vipul Green, Sohna Road, Gurugram Haryana-122018 do hereby
solemnly affirm and declare as under-:

1. I say that the Complainants are law abiding Citizens of India. The

complainants are the real brothers. The Complainants are Consumers

within in the meaning of Section 2 (1) (d) of the Consumer

Protection Act, 1986 (hereinafter referred to as the Act) as the

complainants have jointly booked the flat with the OP.

2. I say that the Opposite Party (hereinafter referred to as the OP) is a

Company registered under the provisions of the Companies Act,

1956 and having its registered office at B-418, New Friends Colony,

New Delhi-110065.

3. I say that brief facts leading to the filling of the present complaint are

set out herein below. The said facts clearly demonstrate that the OP

has not only indulged in Unfair Trade Practice but also liable for

services which are deficient in nature at every stage of transaction.

4. I say that, the Complainants, induced by various advertisements

issued by the OP, through electronic and print medium, for their

Housing Project “Arete” at Sector-33, Tehsil Sohna, District

Gurgaon, Haryana, applied for an Apartment admeasuring super area

of 1998 sq. fts. @ Rs. 4,122/- per sq. ft. and same was booked by the

Complainants vide Application dated 26.12.2013 whereby the

Complainants were allotted Flat No. A-1102, Tower-A, Floor-11, for

a total Sales Consideration of Rs. 1,00,80,410/- including

Preferential Location Charges, Additional Specification Charges,

Car Parking Space/Utility Charges and other Charges & Statutory

Taxes as stated in the Payment Plan/Schedule of Payment. The

Complainants paid a sum of Rs. 19,12,500/- which included (i)

Booking Amount of Rs. 5,82,015/- and Service Tax of Rs. 17,984.26

and (ii) Rs. 12,73,160.09 towards the Payment which was to be made

within 60 days of the Application and Service Tax of Rs. 39,340.65

through RTGS No. CN/2013-14/Dec-60 dated 26.12.2013 and the

OP issued the Receipt bearing No. 61 dated 26.12.2013 for amount

of Rs. 19,12,500/- against the above said payments made by the

Complainants.

5. I say that the OP thereafter allotted Flat No. A-1102, Tower-A,

Floor-11 in their project ARETE situated at Village Dhunela, Sector-

33, Sohna, Gurgaon, Haryana vide Allotment Letter dated

06.04.2014 which also contained the payment Plan opted by the

complainants. The payment plan opted by the complainants was “A-

1-Construction Linked Plan”.

6. I say that on demand from the OP, the Complainants paid the second

installment of Rs. 3,04,432/- on commencement of Excavation

including Service Tax of vide RTGS No. 418102 dated 31.05.2014

drawn on HDFC Bank, Branch on account of milestone and same

was acknowledged by the OP vide Receipt No. 620 dated 31.05.2014

for amount of Rs. 3,04,432/-.

7. I say that thereafter, an Apartment Buyer’s Agreement dated

03.06.2014 was executed between the OP and the Complainants

wherein under Clause 10 it is provided that the possession of the

allotted unit shall be given in the month of June, 2018 with

Extension/Grace period of 6 months. It is submitted that even the

grace period has expired in Dec, 2018.

8. I say that thereafter, as and when the OP raised demands, the

Complainants made requisite payments and as on date a total sum of

Rs. 65,88,958/- stands paid by the complainants. However, there is

no construction activity at the site and no demands were raised.

9. I say that the details of the total payments made by the complainants

to the OP are as under:-

Mode of Transaction Amount (Rs.) Bank Name &

and date Branch
1 RTGS No. CN/2013- 19,12,500/- Bank of India
14/Dec-60 dated HDFC Bank
26.12.2013 Punjab & Sind
Bank.
2 Cheque No. 418102 3,04,432/- HDFC Bank
dated 31.05.2014
3 Cheque No. 411645 4,00,000/- Punjab & Sind
dated 31.05.2014 Bank
4 RTGS bearing No. 71/- Bank of India
02922 dated 05.06.2014
5 RTGS bearing No. 6,984/- HDFC Bank
49520 dated 05.06.2014
 6 RTGS bearing No. 186/- Bank of India
02837 dated 05.06.2014
7 RTGS bearing No. 18,366/- HDFC Bank
48946 dated 05.06.2014
8 RTGS No. 418104 11,77,834/- HDFC Bank
dated 29.05.2015
9 RTGS bearing No. 117/- Bank of India
01704 dated 05.06.2015
10 RTGS bearing No. 11,532/- HDFC Bank
46369 dated 05.06.2015
11 RTGS No. 246775 dated 9,75,601/- HDFC Bank
19.11.2015
12 RTGS No. 00415 dated 9,515/- HDFC Bank
29.11.2015
13 RTGS No. 9,81,391/- HDFC Bank
04851140296572 dated
15.05.2016
14 RTGS No. 00270 dated 95/- Bank of India
27.05.2016
15 RTGS bearing No. 11,897/- Bank of India
BKIDN15149134867
dated 29.05.2015
16 RTGS No. 00823 dated 9,419/- Bank of India
30.05.2016
17 RTGS No. 7,54,020/- HDFC Bank
04851140296572-STP
dated 10.10.2016
18 RTGS No. 7,617/- Bank of India
BKID0000200 dated
13.10.2016
19 RTGS No. 01189 dated 7,307/- Bank of India
30.11.2016
20 RTGS No. 01143 dated 74/- Bank of India
30.11.2016
TOTAL 65,88,958/-

10. I say that the Complainants met the representatives of the OP and

enquired about the progress of the construction work of the project

and the Complainants were informed that construction would be

completed as per the schedule.

11. I say that the Complainants further enquired from the representatives

of the OP about payment of balance amount towards the total

consideration of the allotted flat/unit however, no response was

 given by the OP. The obvious reasons for the same were that no

construction was taking place at the site.

12. That after receiving no clear information from representatives of the

OP, the Complainants visited the project site and were shocked to

see that construction work has been completely stalled.

13. I say that the OP had promised the Complainants that the project

shall be completed and possession be handed over within the

stipulated time period by the month of June, 2018 but the OP have

miserably failed and defaulted in completion of the project and

handing-over the possession of the booked floor on time and hence,

have committed breach of contract. It is pertinent to mention that

deadline for handing over the possession of the unit has been over

and no constructions are going on at the site.

14. I say that it is evident from the aforesaid facts that the acts of the OP

amounts to Unfair Trade Practice within the meaning of Section 2(r)

of the Consumer Protection Act, 1986.

15. I say that the acts and conduct of the OP in postponing and causing

delay in completion of the project has caused immense loss to the

Complainants and the same amounts to cheating and breach of trust

on the part of the OP and their directors and/or officers.

16. I say that the Complainants have been constantly following-up with

the OP about the progress/status of the said flat but to the dismay of

the Complainants no positive response is forthcoming from the OP

about the same.

17. I say that it is submitted that the Complainants are legally and

contractually entitled for the aforesaid amount paid by the

complainants.

18. I say that the OP is under a legal obligation to make payment of

Principal Amount of Rs. 65,88,958/- alongwith interest @ 24% per

annum with effect from respective date of payments totaling to Rs.

66,61,967/- as on 15.04.2019. The OP is also liable to pay the

compensation Rs. 20,00,000/- towards mental and physical agony

and the expenses incurred by the complainants in pursuing with the

OP. The calculation of the payable amount are as under:-

Principle Amount paid by the Rs. 65,88,958/-

complainants towards the Flat

interest @ 24% per annum with effect Rs. 66,61,967/-

from respective date of payments as on
15.04.2019

Compensation towards mental and Rs.20,00,000/-

physical agony and expenses incurred in
pursuing with OP
TOTAL Rs. 1,52,50,925/-

The OP is liable to pay the aforesaid amount of Rs. 1,52,50,925/-

alongwith further interest @ 24% per annum till realization.

19. I say that in addition to above the Complainants are also entitled for

compensation towards physical and mental agony suffered by them

due to acts of omission and commission and deficiency in services of

the OP which the Complainants assesses to the extent of Rs.

20,00,000/- for each of the Complainant.

20. I say that the complainants have come to know that OP has cheated

hundreds of consumers and the cheated amount runs unto hundreds

 crores. The OP has collected money from the buyers but siphoned of

their own personal gains.

21. I say that the Complainants are suffering mental and physical torture

and has been harassed by the OP without his fault.

22. I say that OP’s acts come under the definition of ‘deficiency in

service’ within the meaning of Consumer Protection Act 1996.

23. I say that the OP is responsible for acts of omissions and

commissions.

COMPLAINANTS
Date:
Through
Place: New Delhi

(CHANDRA SHEKHAR YADAV &

ANIMESH KUMAR)
Advocates
LGF-6/33-33A, Vikram Vihar,
Lajpat Nagar-IV, New Delhi-110024
 BEFORE THE NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION, NEW DELHI

CONSUMER COMPLAINT NO. OF 2019

IN THE MATTER OF: -

SH. MANOJ SAREEN & ANR ……COMPLAINANTS

VERSUS

M/S INTERNATIONAL LAND

DEVELOPERS PVT.LTD. ………OPPOSITE PARTY

EVIDENCE AFFIDAVIT ON BEHALF OF COMPLAINANT NO.1

SURESH SAREEN

MOST RESPECTFULLY SHOWETH: -

I, Manoj Sareen S/o O.P Sareen, Aged 56 years, R/o House No.-482,GH-
13,SFS Flats, Paschim vihar, Delhi 110087, do hereby solemnly affirm and
declare as under-:

1. I say that the Complainants are law abiding Citizens of India. The

complainants are the real brothers. The Complainants are Consumers

within in the meaning of Section 2 (1) (d) of the Consumer

Protection Act, 1986 (hereinafter referred to as the Act) as the

complainants have jointly booked the flat with the OP.

2. I say that the Opposite Party (hereinafter referred to as the OP) is a

Company registered under the provisions of the Companies Act,

1956 and having its registered office at B-418, New Friends Colony,

New Delhi-110065.

3. I say that brief facts leading to the filling of the present complaint are

set out herein below. The said facts clearly demonstrate that the OP
 has not only indulged in Unfair Trade Practice but also liable for

services which are deficient in nature at every stage of transaction.

4. I say that, the Complainants, induced by various advertisements

issued by the OP, through electronic and print medium, for their

Housing Project “Arete” at Sector-33, Tehsil Sohna, District

Gurgaon, Haryana, applied for an Apartment admeasuring super area

of 1998 sq. fts. @ Rs. 4,122/- per sq. ft. and same was booked by the

Complainants vide Application dated 26.12.2013 whereby the

Complainants were allotted Flat No. A-1102, Tower-A, Floor-11, for

a total Sales Consideration of Rs. 1,00,80,410/- including

Preferential Location Charges, Additional Specification Charges,

Car Parking Space/Utility Charges and other Charges & Statutory

Taxes as stated in the Payment Plan/Schedule of Payment. The

Complainants paid a sum of Rs. 19,12,500/- which included (i)

Booking Amount of Rs. 5,82,015/- and Service Tax of Rs. 17,984.26

and (ii) Rs. 12,73,160.09 towards the Payment which was to be made

within 60 days of the Application and Service Tax of Rs. 39,340.65

through RTGS No. CN/2013-14/Dec-60 dated 26.12.2013 and the

OP issued the Receipt bearing No. 61 dated 26.12.2013 for amount

of Rs. 19,12,500/- against the above said payments made by the

Complainants.

5. I say that the OP thereafter allotted Flat No. A-1102, Tower-A,

Floor-11 in their project ARETE situated at Village Dhunela, Sector-

33, Sohna, Gurgaon, Haryana vide Allotment Letter dated

06.04.2014 which also contained the payment Plan opted by the

 complainants. The payment plan opted by the complainants was “A-

1-Construction Linked Plan”.

6. I say that on demand from the OP, the Complainants paid the second

installment of Rs. 3,04,432/- on commencement of Excavation

including Service Tax of vide RTGS No. 418102 dated 31.05.2014

drawn on HDFC Bank, Branch on account of milestone and same

was acknowledged by the OP vide Receipt No. 620 dated 31.05.2014

for amount of Rs. 3,04,432/-.

7. I say that thereafter, an Apartment Buyer’s Agreement dated

03.06.2014 was executed between the OP and the Complainants

wherein under Clause 10 it is provided that the possession of the

allotted unit shall be given in the month of June, 2018 with

Extension/Grace period of 6 months. It is submitted that even the

grace period has expired in Dec, 2018.

8. I say that thereafter, as and when the OP raised demands, the

Complainants made requisite payments and as on date a total sum of

Rs. 65,88,958/- stands paid by the complainants. However, there is

no construction activity at the site and no demands were raised.

9. I say that the details of the total payments made by the complainants

to the OP are as under:-

Mode of Transaction Amount (Rs.) Bank Name &

and date Branch
1 RTGS No. CN/2013- 19,12,500/- Bank of India
14/Dec-60 dated HDFC Bank
26.12.2013 Punjab & Sind
Bank.
2 Cheque No. 418102 3,04,432/- HDFC Bank
dated 31.05.2014
3 Cheque No. 411645 4,00,000/- Punjab & Sind
dated 31.05.2014 Bank
 4 RTGS bearing No. 71/- Bank of India
02922 dated 05.06.2014
5 RTGS bearing No. 6,984/- HDFC Bank
49520 dated 05.06.2014
6 RTGS bearing No. 186/- Bank of India
02837 dated 05.06.2014
7 RTGS bearing No. 18,366/- HDFC Bank
48946 dated 05.06.2014
8 RTGS No. 418104 11,77,834/- HDFC Bank
dated 29.05.2015
9 RTGS bearing No. 117/- Bank of India
01704 dated 05.06.2015
10 RTGS bearing No. 11,532/- HDFC Bank
46369 dated 05.06.2015
11 RTGS No. 246775 dated 9,75,601/- HDFC Bank
19.11.2015
12 RTGS No. 00415 dated 9,515/- HDFC Bank
29.11.2015
13 RTGS No. 9,81,391/- HDFC Bank
04851140296572 dated
15.05.2016
14 RTGS No. 00270 dated 95/- Bank of India
27.05.2016
15 RTGS bearing No. 11,897/- Bank of India
BKIDN15149134867
dated 29.05.2015
16 RTGS No. 00823 dated 9,419/- Bank of India
30.05.2016
17 RTGS No. 7,54,020/- HDFC Bank
04851140296572-STP
dated 10.10.2016
18 RTGS No. 7,617/- Bank of India
BKID0000200 dated
13.10.2016
19 RTGS No. 01189 dated 7,307/- Bank of India
30.11.2016
20 RTGS No. 01143 dated 74/- Bank of India
30.11.2016
TOTAL 65,88,958/-

10. I say that the Complainants met the representatives of the OP and

enquired about the progress of the construction work of the project

and the Complainants were informed that construction would be

completed as per the schedule.

11. I say that the Complainants further enquired from the representatives

of the OP about payment of balance amount towards the total

consideration of the allotted flat/unit however, no response was

given by the OP. The obvious reasons for the same were that no

construction was taking place at the site.

12. I say that after receiving no clear information from representatives of

the OP, the Complainants visited the project site and were shocked

to see that construction work has been completely stalled.

13. I say that the OP had promised the Complainants that the project

shall be completed and possession be handed over within the

stipulated time period by the month of June, 2018 but the OP have

miserably failed and defaulted in completion of the project and

handing-over the possession of the booked floor on time and hence,

have committed breach of contract. It is pertinent to mention that

deadline for handing over the possession of the unit has been over

and no constructions are going on at the site.

14. I say that it is evident from the aforesaid facts that the acts of the OP

amounts to Unfair Trade Practice within the meaning of Section 2(r)

of the Consumer Protection Act, 1986.

15. I say that the acts and conduct of the OP in postponing and causing

delay in completion of the project has caused immense loss to the

Complainants and the same amounts to cheating and breach of trust

on the part of the OP and their directors and/or officers.

16. I say that the Complainants have been constantly following-up with

the OP about the progress/status of the said flat but to the dismay of
 the Complainants no positive response is forthcoming from the OP

about the same.

17. I say that it is submitted that the Complainants are legally and

contractually entitled for the aforesaid amount paid by the

complainants.

18. I say that the OP is under a legal obligation to make payment of

Principal Amount of Rs. 65,88,958/- alongwith interest @ 24% per

annum with effect from respective date of payments totaling to Rs.

66,61,967/- as on 15.04.2019. The OP is also liable to pay the

compensation Rs. 20,00,000/- towards mental and physical agony

and the expenses incurred by the complainants in pursuing with the

OP. The calculation of the payable amount are as under:-

Principle Amount paid by the Rs. 65,88,958/-

complainants towards the Flat

interest @ 24% per annum with effect Rs. 66,61,967/-

from respective date of payments as on
15.04.2019

Compensation towards mental and Rs.20,00,000/-

physical agony and expenses incurred in
pursuing with OP
TOTAL Rs. 1,52,50,925/-

The OP is liable to pay the aforesaid amount of Rs. 1,52,50,925/-

alongwith further interest @ 24% per annum till realization.

19. I say that in addition to above the Complainants are also entitled for

compensation towards physical and mental agony suffered by them

due to acts of omission and commission and deficiency in services of

the OP which the Complainants assesses to the extent of Rs.

20,00,000/- for each of the Complainant.

20. I say that the complainants have come to know that OP has cheated

hundreds of consumers and the cheated amount runs unto hundreds

crores. The OP has collected money from the buyers but siphoned of

their own personal gains.

21. I say that the Complainants are suffering mental and physical torture

and has been harassed by the OP without his fault.

22. I say that OP’s acts come under the definition of ‘deficiency in

service’ within the meaning of Consumer Protection Act 1996.

23. I say that the OP is responsible for acts of omissions and

commissions.

COMPLAINANTS
Date:
Through
Place: New Delhi

(CHANDRA SHEKHAR YADAV &

ANIMESH KUMAR)
Advocates
LGF-6/33-33A, Vikram Vihar,
Lajpat Nagar-IV, New Delhi-110024