BEFORE THE HON’BLE STATE CONSUMER DISPUTE

REDRESSAL COMMISSION, DELHI

CC No. 79/2023
IN THE MATTER OF: -
MUDIT GUPTA & ANR. ……Complainant
Versus
SHREE VARDHMAN DEVELOPERS & ANR.
…Opposite Parties

N.D.O.H:

INDEX

S.NO. PARTICULARS PAGE

NO.
1. EVIDENCE BY WAY OF AFFIDAVIT
OF COMPLAINANT NO. 1
2. EVIDENCE BY WAY OF AFFIDAVIT
OF COMPLAINANT NO. 2

COMPLAINANT
THROUGH
NEW DELHI
DATED: 29.05.2024

Nitin Goel
Advocate
Chamber No.C-91A, C.L. Joseph Block,
Tis Hazari Court, Delhi-110054
Mob: 9958617492
Email: [email protected]
BEFORE THE HON’BLE STATE CONSUMER DISPUTE
REDRESSAL COMMISSION, DELHI
CC No. 79/2023
IN THE MATTER OF: -
MUDIT GUPTA & ANR. ……Complainant
Versus
SHREE VARDHMAN DEVELOPERS & ANR.
…Opposite Parties

EVIDENCE BY WAY OF AFFIDAVIT OF

COMPLAINANT NO. 1 NAMELY MR. MUDIT GUPTA

S/O MR. ARUN KUMAR GUPTA R/O FLAT NO. 3330,

SECTOR 23, GURGAON, 122017, LANDMARK: RAJ

PROPERTIES, PRESENTLY IN DELHI, AGED ABOUT 33

YEARS AS EX-1

1. I say that, the complainant no. 1 is the deponent in the

present case and fully familiar with the facts and

circumstances of this case and therefore competent to

depose this affidavit before this Hon’ble Court.

2. I say that the deponent is a consumer as defined under the

provisions of Consumer Protection Act, 2019.

3. I say that in in January 2019, the Complainants were

looking for accommodation for themselves in Sonepat,

Haryana, and accordingly the complainants posted their

requirement for the same on the internet. That the Opposite

Party No.1, in the year 2019, was in the process of

construction of their Group Housing Project named

“SHREE VARDHMAN GARDENIA” Located at Sector

10, Sonepat, Haryana.

4. I say that, the officials/employees/booking agents of the

OP No.1 got the complainant’s details and approached the

complainants and apprised him above project launched by

the opposite party no.1 and showed the brochures of the

said project and further requested the complainants to

purchase a flat in the above project.

5. I say that at that time, the official of OP. No.1 had

represented to the deponent that the project is about to be

completed and complainants would be allotted the

possession of the flat by December, 2019.

6. I say that, the officials of the OP. No.1 further told the

deponent that opposite party no.2 on their pretext is

providing loan facility at low interest rates for the

customers/buyers to purchase the flat in above project of

the OP.NO.1. I further say that the officials of OP No.1

 further say that the officials of OP No.1 further assured the

deponent that if he purchases a flat with them and take

loan from the OP No.2 for financing the loan for the flat in

question, then in that case the OP No.1 will make timely

and regular payment of all the EMI’s of the flat to the OP

No.2 on behalf of the deponent till the possession is

delivered to the deponent.

7. I say that, it was further assured by the officials of OP

No.2 that if due to any reason the Flat is not delivered to

the deponent, then in that case the OP No.1 will be whole

and sole responsible for clearing the bank loan along with

interest, penalty either by selling the suit in question or by

arranging the funds from any other source.

8. I say that, replying upon the aforesaid assurances, in

March 2019 the deponent booked the Residential

Apartment in order to purchase a flat in the project of the

OP. NO.1

9. I say that, the allotted flat unit to the deponent was flat unit

bearing no. .B4/002 in project “Shree Vardhman

Gardenia” situated at Sector-10, Sonepat, Haryana, vide

allotment letter dated 27.03.2019. (Hereinafter referred to

as “unit in Question”).
 The copy of allotment letter dated 27.03.2019 is

exhibited as Ex. CW-1/1. (Already annexure A-1 of the

Complaint).

The Copy of Flat buyer’s Agreement dated 28.03.2019,

is exhibited as Ex. CW-1/2. (Already annexed as

Annexure A-2) in the complaint)

The copy of payment plan is exhibit as Ex.CW-1/3.

(Already annexed as Annexure A-3 in the complaint)

10. I say that, as per the Flat Buyer’s Agreement dated

28.03.2019 the basic price of the unit was 86,62,500/- (Rs.

Eighty Six Lakhs, Sixty Two Thousand, Five Hundred

only) for flat unit admeasuring 2625 sq. ft. I further say

that cost calculated at the rate of Rs.3,300/- per s. ft.

(equivalent to Rs.355092.32 per sq. mtr.) of super built up

area.

11. I say that in pursuance of the aforesaid allotment, the

deponent paid a total amount of Rs.16,50,000/- to the OP.

No.1 as below mentioned.

S. NO. DATE AMOUNT (IN

RS)

1. 27.03.2019 1,00,000/-

2. 15.05.2019 5,00,000/-

3. 22.05.2019 3,00,000/-
 4. 22.05.2019 3,00,000/-

5. 22.05.2019 2,50,000/-

6. 22.05.2019 2,00,000/-

TOTAL: 16,50,000/- (Rs. Sixteen Lakhs Fifty Thousand

only)

12. I say that thereafter for the remaining amount of the flat in

question, the Opposite party No.1 introduced the deponent

to some of the employees of the OP. No.2 for the loan of

flat in question.

13.I say that, thereafter replying upon the aforesaid upon the

afraid assurance, the deponent met the officials of OP.

No.2 and enquired about the aforesaid assurance; the

deponent met the officials of OP. No.2 and enquired about

the project of the OP. NO. 1 and about the assurance of

timely and regular payment of all the EMI’s being paid by

the OP No.1 to them, then the officials of OP. NO.2

assured the deponent that the aforesaid project of OP No.1

is a trusted beyond project and they have a clear title on

property and further assured the deponent that the OP No.1

is regularly and timely paying all the EMI’s of

Customers/consumers who have booked flat with them and

 have taken loan from OP NO..2 qua the finance of home in

the said project.

14. I say that the officials of OP No.2 agreed to provide loan

facility to deponent against the flat subject to deposit of

original documents with them. I further say that thereafter

a housing loan was sanctioned for a sum of Rs.71,23,314/-

by OP NO.2 Hereto ex. The copy of Loan Sanction

letter as Ex. CW-1/4 (Already annexed as Annexure A-

4 in the complaint)

15. I say that out of Rs.71,23,314/- the OP No.2 directly in

bank account of Opposite Party No.1 in one shot without

confirming the status of construction despite the fact that

the same was a construction linked plan.

Hereto exhibited the copy of Loan Account Statement

as Ex. CW1/5 (Already annexed as Annexure A-5 in the

Complaint).

16. I say that it is pertinent to mention here that since the OP

No.1 has failed to deliver possession by December, 2019

and due to personal and monetary reasons the Complaints

are no longer interested in taking possession of the flat in

question and accordingly seek cancellation of flat bearing

no. B4/002, 10th Floor, Tower No. B4 in the Project

namely Shree Vardhman Gardenia, Located at Sector-10,

 Sonepat, Haryana, having an approx. 2625 sq. ft. of super

Built-up area.

17. I say that, deponent by the acts of the OP No.1, the

complainants through the undersigned counsel, sought

cancellation of unit in question and subject loan

cancellation and consequential refund vide cancellation

Notice dated 29.04.2023. Here ex. The copy of

Cancellation Notice/Legal Notice Dated 29.04.2023 as

Ex. CW.1/6 (Already Annexure as Annexure A-6 in the

Complaint)

18. I say that as per the assurances extended by the OP No. 1

the OP NO.1 was to transfer the amount of EMI to the

complainants and the same was to be paid by the

complainants to the OP NO.2.

19. I say that, the Complainant has made repeated requested

and reminders to OP NO.1 to clear the outstanding EMI’s

with the bank, but the OP No.1 did not pay any heed to the

Complainant’s requests.

20. I say that it pertinent to mentioned here that the OP No.2

is possession of 20 Blank Cheques of the Complainants

which the OP No.2 had obtained from complainants as

security Cheques on pretext of loan formalities. It is not

out of place to mention herein that the Complainants were

 also made to sign on certain blank papers by the OP NO.2

on the pretext of loan formalities.

21.I have been advised to say that the above said guidelines

are binding upon bank as observed by Hon’ble Supreme

Court.

22. I say that as per the abovementioned guidelines issued by

RBI/NHB the disbursal of the loan amount in a single shot

by OP No. 2 is violate of binding guidelines issued by

RBI/NHB including OP No. 2.

23. I say that, due to the aforesaid acts and omission the

deponent have been deprived of their hard earned money

by the Opposite Parties.

24. I say that, the deponent has no other alternative and

efficacious remedy and has therefore filed the present

complaint before this Hon'ble Court. The deponent, as at

present, has not filed any other complaint or petition

before this Hon’ble Commission or any other forum,

against the same cause of action.

25. I say that the deponent is entitled to relief as prayed in the

complaint.

26. I say that I have been advised to say that the Hon’ble

Commission has the pecuniary, territorial jurisdiction to

entertain and decide the present matter.

 27. I say that the contents of the present affidavit have been

drafted by my counsel under my instructions which have

been explained to me in my vernacular and the present

affidavit has been signed by me only after understanding

the contents of the same.

28. I say that this is my true statement

DEPONENT

VERIFICATION

Verified in New Delhi on this ___ Day of ________, 2024 that

the content of the above is true and correct to my knowledge and
no part of it is false and nothing material has been concealed
therefrom.

DEPONENT
BEFORE THE HON’BLE STATE CONSUMER DISPUTE
REDRESSAL COMMISSION, DELHI
CC No. 79/2023
IN THE MATTER OF: -
MUDIT GUPTA & ANR. ……Complainant
Versus
SHREE VARDHMAN DEVELOPERS & ANR.
…Opposite Parties

EVIDENCE BY WAY OF AFFIDAVIT OF

COMPLAINANT NO. 2 NAMELY KANUJ TANDON, W/O

MUDIT GUPTA, R/O: FLAT NO. 3330, SECTOR 23.

GURGAON, 122017, LANDMARK: RAJ PROPERTIES,

PRESENTLY IN DELHI, AGED ABOUT 37 YEARS AS

EX-2

1. I say that, the complainant no. 2 is the deponent in the

present case and fully familiar with the facts and

 circumstances of this case and therefore competent to

depose this affidavit before this Hon’ble Court.

2. I say that the deponent is a consumer as defined under the

provisions of Consumer Protection Act, 2019.

3. I say that in in January 2019, the Complainants were

looking for accommodation for themselves in Sonepat,

Haryana, and accordingly the complainants posted their

requirement for the same on the internet. That the Opposite

Party No.1, in the year 2019, was in the process of

construction of their Group Housing Project named

“SHREE VARDHMAN GARDENIA” Located at Sector

10, Sonepat, Haryana.

4. I say that, the officials/employees/booking agents of the

OP No.1 got the complainant’s details and approached the

complainants and apprised him above project launched by

the opposite party no.1 and showed the brochures of the

said project and further requested the complainants to

purchase a flat in the above project.

5. I say that at that time, the official of OP. No.1 had

represented to the deponent that the project is about to be

completed and complainants would be allotted the

possession of the flat by December, 2019.

6. I say that, the officials of the OP. No.1 further told the

deponent that opposite party no.2 on their pretext is

providing loan facility at low interest rates for the

customers/buyers to purchase the flat in above project of

the OP.NO.1. I further say that the officials of OP No.1

further say that the officials of OP No.1 further assured the

deponent that if he purchases a flat with them and take

loan from the OP No.2 for financing the loan for the flat in

question, then in that case the OP No.1 will make timely

and regular payment of all the EMI’s of the flat to the OP

No.2 on behalf of the deponent till the possession is

delivered to the deponent.

7. I say that, it was further assured by the officials of OP

No.2 that if due to any reason the Flat is not delivered to

the deponent, then in that case the OP No.1 will be whole

and sole responsible for clearing the bank loan along with

interest, penalty either by selling the suit in question or by

arranging the funds from any other source.

8. I say that, replying upon the aforesaid assurances, in

March 2019 the deponent booked the Residential

Apartment in order to purchase a flat in the project of the

OP. NO.1
9. I say that, the allotted flat unit to the deponent was flat unit

bearing no. .B4/002 in project “Shree Vardhman

Gardenia” situated at Sector-10, Sonepat, Haryana, vide

allotment letter dated 27.03.2019. (Hereinafter referred to

as “unit in Question”).

The copy of allotment letter dated 27.03.2019 is

exhibited as Ex. CW-1/1. (Already annexure A-1 of the

Complaint).

The Copy of Flat buyer’s Agreement dated 28.03.2019,

is exhibited as Ex. CW-1/2. (Already annexed as

Annexure A-2) in the complaint)

The copy of payment plan is exhibit as Ex.CW-1/3.

(Already annexed as Annexure A-3 in the complaint)

10. I say that, as per the Flat Buyer’s Agreement dated

28.03.2019 the basic price of the unit was 86,62,500/- (Rs.

Eighty Six Lakhs, Sixty Two Thousand, Five Hundred

only) for flat unit admeasuring 2625 sq. ft. I further say

that cost calculated at the rate of Rs.3,300/- per s. ft.

(equivalent to Rs.355092.32 per sq. mtr.) of super built up

area.

11. I say that in pursuance of the aforesaid allotment, the

deponent paid a total amount of Rs.16,50,000/- to the OP.

No.1 as below mentioned.

 S. NO. DATE AMOUNT (IN

RS)

1. 27.03.2019 1,00,000/-

2. 15.05.2019 5,00,000/-

3. 22.05.2019 3,00,000/-

4. 22.05.2019 3,00,000/-

5. 22.05.2019 2,50,000/-

6. 22.05.2019 2,00,000/-

TOTAL: 16,50,000/- (Rs. Sixteen Lakhs Fifty Thousand

only)

12. I say that thereafter for the remaining amount of the flat in

question, the Opposite party No.1 introduced the deponent

to some of the employees of the OP. No.2 for the loan of

flat in question.

13.I say that, thereafter replying upon the aforesaid upon the

afraid assurance, the deponent met the officials of OP.

No.2 and enquired about the aforesaid assurance; the

deponent met the officials of OP. No.2 and enquired about

the project of the OP. NO. 1 and about the assurance of

timely and regular payment of all the EMI’s being paid by

the OP No.1 to them, then the officials of OP. NO.2

assured the deponent that the aforesaid project of OP No.1

is a trusted beyond project and they have a clear title on

 property and further assured the deponent that the OP No.1

is regularly and timely paying all the EMI’s of

Customers/consumers who have booked flat with them and

have taken loan from OP NO..2 qua the finance of home in

the said project.

14. I say that the officials of OP No.2 agreed to provide loan

facility to deponent against the flat subject to deposit of

original documents with them. I further say that thereafter

a housing loan was sanctioned for a sum of Rs.71,23,314/-

by OP NO.2 Hereto ex. The copy of Loan Sanction

letter as Ex. CW-1/4 (Already annexed as Annexure A-

4 in the complaint)

15. I say that out of Rs.71,23,314/- the OP No.2 directly in

bank account of Opposite Party No.1 in one shot without

confirming the status of construction despite the fact that

the same was a construction linked plan.

Hereto exhibited the copy of Loan Account Statement

as Ex. CW1/5 (Already annexed as Annexure A-5 in the

Complaint).

16. I say that it is pertinent to mention here that since the OP

No.1 has failed to deliver possession by December, 2019

and due to personal and monetary reasons the Complaints

are no longer interested in taking possession of the flat in

 question and accordingly seek cancellation of flat bearing

no. B4/002, 10th Floor, Tower No. B4 in the Project

namely Shree Vardhman Gardenia, Located at Sector-10,

Sonepat, Haryana, having an approx. 2625 sq. ft. of super

Built-up area.

17. I say that, deponent by the acts of the OP No.1, the

complainants through the undersigned counsel, sought

cancellation of unit in question and subject loan

cancellation and consequential refund vide cancellation

Notice dated 29.04.2023. Here ex. The copy of

Cancellation Notice/Legal Notice Dated 29.04.2023 as

Ex. CW.1/6 (Already Annexure as Annexure A-6 in the

Complaint)

18. I say that as per the assurances extended by the OP No. 1

the OP NO.1 was to transfer the amount of EMI to the

complainants and the same was to be paid by the

complainants to the OP NO.2.

19. I say that, the Complainant has made repeated requested

and reminders to OP NO.1 to clear the outstanding EMI’s

with the bank, but the OP No.1 did not pay any heed to the

Complainant’s requests.

20. I say that it pertinent to mentioned here that the OP No.2

is possession of 20 Blank Cheques of the Complainants

 which the OP No.2 had obtained from complainants as

security Cheques on pretext of loan formalities. It is not

out of place to mention herein that the Complainants were

also made to sign on certain blank papers by the OP NO.2

on the pretext of loan formalities.

21.I have been advised to say that the above said guidelines

are binding upon bank as observed by Hon’ble Supreme

Court.

22. I say that as per the abovementioned guidelines issued by

RBI/NHB the disbursal of the loan amount in a single shot

by OP No. 2 is violate of binding guidelines issued by

RBI/NHB including OP No. 2.

23. I say that, due to the aforesaid acts and omission the

deponent have been deprived of their hard earned money

by the Opposite Parties.

24. I say that, the deponent has no other alternative and

efficacious remedy and has therefore filed the present

complaint before this Hon'ble Court. The deponent, as at

present, has not filed any other complaint or petition

before this Hon’ble Commission or any other forum,

against the same cause of action.

25. I say that the deponent is entitled to relief as prayed in the

complaint.
 26. I say that I have been advised to say that the Hon’ble

Commission has the pecuniary, territorial jurisdiction to

entertain and decide the present matter.

27. I say that the contents of the present affidavit have been

drafted by my counsel under my instructions which have

been explained to me in my vernacular and the present

affidavit has been signed by me only after understanding

the contents of the same.

28. I say that this is my true statement

DEPONENT

VERIFICATION

Verified in New Delhi on this ___ Day of ________, 2024 that

the content of the above is true and correct to my knowledge and
no part of it is false and nothing material has been concealed
therefrom.

DEPONENT