Consumer Plaint
Consumer Plaint
Consumer Plaint
IN THE MATTER OF
VERSUS
1. That the complainant is a law-abiding citizen of India and is aged ___ years
and is presently residing at ________.
4. That the Complainant and the Respondent entered into an agreement for
the sale of a 2BHK flat, where the complainant and the respondent had
agreed upon the agreement for the purchase and sale of the flat
respectively.
5. That the agreement stated that, the complainant had to deposit 50% of the
total amount in advance and the remaining 50% within 12 months of
paying the first instalment. Consensus ad idem was reached and a valid
contract was formed.
6. That the agreement clearly stated that if Abhiram makes the payment
within the stipulated time he will be given the possession within 20 days
of making the full payment.
7. That Abhiram had already made the payment in accordance with the
contract but had still not been given the possession even after 2 months.
9. That in view of the abovesaid, it becomes amply clear that the opposite
party/respondent is not only rendering deficient services to the complainant
herein but the conduct of the opposite party/builder is also squarely
covered under the scope of “Unfair Trade Practices” and as such are
covered under the scope of the Act (Consumer Protection Act, 2019) and
liable thereto.
10. That according to the subject matter of the present suit, the case falls
within the pecuniary jurisdiction of the District consumer dispute redressal
forum since the redressal amount in the case does not exceed 1 crore rupees
as specified under Consumer Protection Act, 2019.
11. That the complainant be provided with the possession of the flat in
accordance with the contract. Furthermore, compensation of Rs. 4,00,000/-
be provided for metal harassment of the complainant due to the non-
performance by the respondent construction company. The complainant is
affixing the requisite court fee on the same.
PRAYER
4. Any other relief which this Hon’ble forum may deem fit in the given
facts and circumstances of the case be granted in favour of the
complainant and against the respondent.
JURISDICTION
The jurisdiction will lie with the District Consumer Dispute Redressal
Forum. The jurisdiction is pecuniary jurisdiction based on the redressal
amount which does not exceed 1 crore in the instant case.
LAWS INVOKED TO MAINTAIN THE CLAIM