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Complaint Letter to Consumer Disputes Redressal Forum


Posted Date: 24-Jun-2012  Last Updated:   Category: General    
Author: Member Level: Gold    Points: 40


This article is just a format on How to write Complaint to a Consumer disputes Redressal Forum. This will provide you an overall idea on write a complaint letter.In this d competition, we come across various complaints from Customers. So, this is a guide which will help consumers on how to file complaints to their respective State Consumer Forum.



Before the _______ State Consumer Disputes Redressal Commission at ____________




Complaint No. _________
1. Mr. X
2. Mrs. X

Both major of age, ______________( Address),
through their attorney;
Mr. Y
major of age,
_________________( Address) … Complainants

V/s

M/s C Pvt Ltd
Ms. D ,
__________________( Address) … Opposite Party

Complaint under Consumer Protection Act, 1986


May it Please your Honour

The Complainants most respectfully state and submit as under:-

1. The Complainants states that they are the residents ________________________________( Address of the Complainant)

2. The Complainants state that after going through the advertisement on internet, the Complainants arrived _________( State in which they arrived) and after contacting Ms.
D, the Managing Director of M/s C Private Ltd., the Opposite Party; the Complainants entered into an agreement for purchase of a Bungalow, vide Agreement for Sale of a Bungalow executed between the Opposite Party and the Complainants and the Opposite Party agreed to convey by way of sale the Bungalow No.5 on ownership basis after constructing
the same in the complex to be named as '________________' in the property known as "__________________" situated at ____________________________. The said Agreement for Sale of a Bungalow was registered in the office of Notary, Mr. Z _______________( Address of Mr. Z) on _____________( Date).

3. The Complainants state that as per the said agreement the area of the Bungalow No. 5 is 298 sq. mts. and the same was to be constructed in the property known as "___________________" for total consideration of Rs.53,46,120/- (Rupees fifty three lakhs forty six thousand one hundred twenty only) and the construction of the Bungalow was to be in accordance with the plans, specifications, designs and working drawings furnished by the Opposite Party and as agreed upon in the said agreement, the possession of the Bungalow along with Occupancy certificate was to be given to the Complainants on or before _______________. The Complainants state that the entire consideration towards the sale of Bungalow / Villa on ownership basis was paid in advance by the Complainants to the Opposite Party.

4. The Complainants state that they received e-mail dated ______________ from Ms. D, the Managing Director of Opposite Party stating therein that the tiling in the Villa i.e. the Bungalow No.5 was complete and the construction was done as per the Schedule. However, thereafter Ms. D sent another e-mail dated ____________ to the Complainants stating therein that as and when the Complainants visit ______ the Bungalow would be ready except minor fixtures and they were also further informed and told to book the tickets in ____________.

5. The Complainants state that consequent thereupon Ms. D issued third e-mail on _____________ wherein she informed that the Bungalow is ready, plumbing and wiring is also done, tiling and painting will be executed shortly and believing in Ms. D information and representation in good faith the Complainants along with their family members consisting seven members arrived in _______ in the month of _______ and stayed in ___________ almost for 21 days for making arrangement of accepting the possession of the Bungalow which facts are within the knowledge of the Opposite Party but to their great surprise and dismay they were shocked and perplexed to see that the Bungalow was not ready so as to hand over its possession which was supposed to be completed and handed over to the Complainants in ________.

6. The Complainants state that on the basis of prompt assurance and instructions of Ms. D, the Complainants even purchased furniture from the well known dealers as suggested by Ms. D and the same was purchased in _________ and thereafter and the Truck loads of furniture were delivered thrice and kept in the Bungalow No.5 in _______ and thereafter, the cost of which was more than Rs.3,00,000/- (Rupees three lakhs only). The Complainants purchased the furniture in good faith since Ms. D promised them that the Bungalow will be ready in all respect to stay along with Occupancy Certificate on their next visit in __________.

7. The Complainants state that Ms. D mislead and misguided the Complainants about the development of the construction consequent thereupon the Complainants visited________in __________ and they suffered monetary loss and valuable time. The Complainants state that they had to incur an expenditure of more than Rs.75,000/- for each person for traveling from England to ______ and vice versa and for their accommodation total amounting to Rs.5,25,000/- (Rupees five lakhs twenty-five thousand only).

8. The Complainants state that their said journey was not successful and fruitful as they came to ________ with great hope that the Opposite Party will hand over the possession of the Bungalow as promised by Ms. D but all in vain and futile. Despite full payment by the Complainants, the Opposite Party neglected to hand over the possession of the Bungalow along with Occupancy Certificate within prescribed time limit and the Opposite Party disappointed the Complainants, in spite of it the Complainants magnanimously gave some more time and requested Ms. D to hand over the possession of the Bungalow at least by end of the ________.

9. The Complainants state that thereafter Mr. ____, the Complainant No. 1 again visited _________ in _________ to take possession of the Bungalow along with Occupancy Certificate, however, during his visit to______ umpteen times he made strenuous efforts to take appointment from the Opposite Party's office for discussion to obtain possession of the Bungalow / Villa but the Opposite Party's office purposely neglected to give appointment which clearly shows the Opposite Party's malafide intention not to hand over the possession of the Bungalow along with Occupancy Certificate.

10. The Complainants state that as per the clause 3 of the Agreement for Sale of a Bungalow and receipt therein in the said Agreement, the Complainants paid entire amount of Rs.53,46,120/- (Rupees fifty three lakhs forty six thousand one hundred twenty only) by lump sum for which the Opposite Party agreed to give the possession of the Bungalow / Villa to the Complainants on or before ___________ but the Opposite Party failed to hand over the possession along with Occupancy Certificate as agreed upon. Again in the year __________the Complainants came along with their family members total seven persons to take the possession of the Bungalow along with Occupancy Certificate as per the instructions of Ms. D, but the Opposite Party miserably failed to hand over the legal possession of the Bungalow along with Occupancy Certificate. That though the Opposite Party was ready to hand over the possession of the Bungalow without Occupancy Certificate the Complainants were again disappointed for the Opposite Party's lethargic attitude for not obtaining the Occupancy Certificate and for want of Occupancy Certificate the Complainants could not take the possession of the Bungalow at that time. The Complainants state that the Opposite Party took three years and five and half months extra time but still the Bungalow was not ready in all respect as per the specifications in the agreement which facts were revealed after inspection of the Bungalow No. 5 on __________. The Complainants further state that on the day of inspection of the Bungalow Ms.D furnished the Xerox copy of the Occupancy Certificate and the Complainants were ready to accept the possession of the Bungalow even though the same is not as per the specifications in the Agreement, in order to make their journey fruitful but Ms. __________ declined to hand over the possession of the Bungalow under the pretext that the Complainants should obtain the permission of the R.B.I. for obtaining the possession of the Bungalow.

11. The Complainants state that Ms. D is unnecessarily, with malafide intention, ulterior design and oblique means avoiding to hand over the possession of the Bungalow even though Ms. D have obtained the full and entire consideration amount in one stroke at the time of execution of Agreement for Sale.

12. The Complainants state that Agreement for Sale does not speak anything about R.B.I. approvals for handing over the possession of the Bungalow or for refunding the consideration amount with agreed interest of 12% p.a. on termination of the Agreement for Sale. The Complainants further state that Ms. D had indirectly threatened the Complainants by e-mail dated ___________ stating that they have reported about John & Barbara to the Directorate of Enforcement, Mumbai as they were instructed by Consumer Court Order to hand over possession of villa and the day John & Barbara take possession their villa will be confiscated by the Government and Ms. D will not be liable to refund the monies and by further e-mail dated ____________Ms.D stated that "Because of Consumer Case with the others, and their lack of R.B.I approvals, we have informed the Enforcement Dept. for a take over of their villa.. We are only waiting patiently till they take possession." From this statement it speaks about the Opposite Party's conduct and ulterior motive to cheat the foreigners inviting them to purchase the properties in ________by giving advertisements on internet and once the foreigners become prey for her illegal goal the Opposite Party ditch them by giving evasive reply which is not expected from the Opposite Party. The Complainants further state that at the time of entering into an Agreement for Sale with them, the Opposite Party had not obtained R.B.I. approval for Sale of Bungalow to the Complainants so also the Opposite Party had not obtained approval from R.B.I. to accept the huge amount. The Complainants further state that Ms. D had specifically told the Complainants at the time of entering into an Agreement for Sale that there is no need of R.B.I. approval for taking the possession of the Bungalow or for refunding the amount if the agreement is terminated by either of the parties.

13. The Complainants state that they have learnt from owners of the adjacent Bungalow / Villa that the Opposite Party has given them the possession of the Bungalow / Villa without any approval from R.B.I. in _________from which it is crystal clear and evident that there is no need of approval of R.B.I. for handing over the possession of the Bungalow with Occupancy Certificate.

14. The Complainants state that they received an e-mail dated ________________stating therein that "till date you have not taken possession nor have you made payment of your maintenance fees (2007-2008, 2008-2009 and 2009-2010) & outgoings (basic minimum electric meter bills)". It is really surprising and funny without giving possession of the Bungalow with Occupancy Certificate how the Opposite Party can demand maintenance fees from the Complainants. 14. The Complainants state that they received an e-mail dated ________________stating therein that "till date you have not taken possession nor have you made payment of your maintenance fees (2007-2008, 2008-2009 and 2009-2010) & outgoings (basic minimum electric meter bills)". It is really surprising and funny without giving possession of the Bungalow with Occupancy Certificate how the Opposite Party can demand maintenance fees from the Complainants.

15. The Complainants further state that as the Opposite Party failed to deliver possession of Bungalow after its inspection, the Complainants issued registered legal Notice through their Advocate being dated 18th February, 2010 giving the Opposite Party final ultimatum to hand over the possession of the Bungalow No.5 along with certified copy of Occupancy Certificate and furniture of the Complainants within 15 days from the date of the receipt of the registered legal notice failing which the complainants shall claim interest of 12% p.a. on the entire amount from September, 2006 till the date of issuing notice amounting to Rs.22,18,638/- along with Occupancy Certificate and furniture of the Complainants and also Rs.75,000/- (Rupees Seventy Five Thousand Only) which was incurred as an expenditure on each person for traveling from England to _________& vice versa and for accommodation in _______thrice for seven persons and once for one person, total amounting to Rs.16,50,000/- (Rupees sixteen lakh fifty thousand only) and in addition to it damages of Rs.5,00,000/-(Rupees five lakh only) for mental torture, agony, inconvenience and for spending valuable time to take the possession of Bungalow from England to _______ and vice – versa and for deficiency in service. The Complainants had also made it clear that they will lodge cheating case against the Opposite Party if the Opposite Party fail to give the possession of the Bungalow along with Occupancy Certificate and furniture of the Complainants and to initiate proceedings against the Opposite Party for recovery of possession of the Bungalow No.5 along with Occupancy Certificate and the furniture which was delivered by the Complainants in Bungalow No.5 and for damages, interest, costs and for deficiency in service. The Complainants had also made it clear that they are not liable to pay any maintenance amount and or electricity charges till the date of delivery of possession of the Bungalow No. 5 to them.

16. The Complainants state that the Opposite Party failed to give the possession of the Bungalow along with the Occupancy certificate even after receipt of the full consideration amount and the notice dated 18th February, 2010 Complainants state that the Opposite party made mockery of the Complainants by calling them from England to take possession but every stating that the Complainants have not obtained the R.B.I. permission for taking possession. The Complainants state that they had acted bonafidely as it is evident from facts stated herein above whereas the Opposite Party acted in a rude manner so as to take undue advantage of the Complainants as most of the time they are frequenting to their Native place England and the Opposite Party is acting as if she is above the law. The time she acted just opposite.

17. The Complainants state that after the receipt of the legal notice dated 18/02/2010 the Opposite Party came for settlement and in view of the settlement the Complainants were permitted to remove furniture from the Villa and the Complainants through their lawful attorney, Mr. X removed the furniture. Thereafter the Opposite Party gave offer on _________________ of Rs.58 lacs all inclusive with a condition that the Complainants shall permit the Opposite Party to market the Villa No. 5 and for payment within 3 months from the issue of letter. The said E-mail is being dated ____________. The Opposite Party made it clear in a telephonic conversation that no permission from R.B.I was required for cancellation of the agreement and for refund of the amount. However, it is surprising to note that the Opposite Party changed her stand from time to time so much so that by earlier e-mail dated ___________ she clearly made the statement that she can refund the amount only on R.B.I. clearance.

18. The Complainants state that under the pretext of settlement the Opposite Party is making attempt to delay delivery possession of the Villa No. 5 or to refund the amount so as to make the case time barred.

19. The Complainants state that it is therefore apparent and transparent that the Opposite Party had acted and still acting in a most unlawful, dishonest and calculated manner.

20. The Complainants state that the conduct of the Opposite Party leaves no manner of doubt that the Opposite Party all along harbored the intention of playing fraud upon the Complainants in order to cheat them.

21. The Complainants state that the Opposite Party had deliberately and intentionally chosen to act in a most highhanded, arbitrary and unlawful manner, the action of the Opposite Party is blatantly illegal and amounts to serious invasion/infringement on the rights of the Complainants.

22. The Complainants state that the Complainants not only suffered monetary loss but also under gone mental torture, stress, agony and misery. The Complainants are still undergoing mental torture even after paying full consideration amount and on top of it the harassments made by the Opposite Party.

23. The Complainants state that there is inherent defect, fault in perfection, violation and short coming in the quality/potency and standard in the lending service which is required to be maintained by the Opposite Party under the law and which service Opposite Party guaranteed/undertaken/promised to render by virtue of the agreement executed on _________ before the Notary, Mr. Z.

24. The Complainants state that in view of the deficiency in service and being left with no other alternative, the Complainants are therefore constrained to approach this Hon'ble Commission to seek justice which have been denied to the Complainants with most highhanded, dubious, unethical and unlawful manner.

25. That the attorney holder is aware of the entire transaction that took place in ______between the Complainants and Opposite Party as the attorney holder used to accompany the Complainants in ________ with his Tourist Taxi so also the Complainants used to inform to the attorney about the e-mails of Ms. D from time to time.

26. The cause of action to file the present Complaint arose for the first time on _________ on the date of execution of agreement for sale, the cause of action arose for the second time when the Opposite Party failed to hand over the possession of the Villa No. 5 in the month of __________ and when the Complainants received e-mail dated _________ from the Opposite Party stating that the tiling in the Villa i.e. the Bungalow No. 5 was complete and the construction was done as per the Schedule. However, thereafter the Opposite Party delivered another e-mail dated __________________ to the Complainants stating therein that as and when the Complainants visit ________the Bungalow would be ready except minor fixtures. The cause of action also arose when Ms. D issued third e-mail on ___________ informing that the Bungalow is ready, plumbing and wiring is also done, tiling and painting will be executed shortly and believing in Ms. D information and representation and in good faith the Complainants along with their family members arrived in ______ in the month of ___________ for accepting the possession of the Bungalow and the Complainants realized that the Bungalow was not ready so as to hand over its possession. The cause of action also arose in ____________________ when the Complainant No. 1 visited __________for taking possession of the Villa, however, the Office of the Complainant neglected to give appointment for discussion to obtain possession. The cause of action also arose in the year ____________ when the complainants came along with their family members to take possession of the bungalow along with Occupancy Certificate, however, the complainant could not take the possession of the bungalow as the Opposite Party had not obtained the Occupancy Certificate. The cause of action also arose on ________________ and on _______________ on receipt of the threatening e-mails sent by the Opposite Party. The cause of action also arose on receipt of the e-mail dated ______________ stating that the Complainants have not taken possession and paid the maintenance fees and outgoings. The cause of action also arose on _________________, after inspection of the bungalow when the Opposite Party declined to hand over the possession of the bungalow under the pretext that the Complainants should obtain the permission of the R.B.I. for obtaining possession of the bungalow. The cause of action also arose on __________________ when the Complainants issued legal notice to the Opposite Party for delivery of possession and compensation for deficiency in service. Final cause of action arose on ___________________ when the Opposite Party agreed for conditional settlement and the same is recurring in nature.

27. For the purpose of Jurisdiction and court fee the complaint is valued at Rs.99,15,100/- (Rupees ninety nine lakhs fifteen thousand one hundred only) as the full amount of Rs.53,46,120/- (Rupees fifty three lakhs forty six thousand one hundred twenty only) was paid to the Opposite Party when the Agreement for Sale of a Bungalow was registered on _________________ and as per clause 9 of the said Agreement the Developer is liable to pay interest of 12% p.a., if the Developer fails or neglects to give possession being so the interest on Rs.53,46,120/- from ___________ up to the last cause of action dated ________________, works out to Rs.29,18,980/- (Rupees twenty nine lakhs eighteen thousand nine hundred eighty only) plus Rs.16,50,000/- (Rupees sixteen lakhs fifty thousand only) towards the expenditure for traveling from England to ________ & vice versa and for accommodation in _____________.

28. The Complainants state that no complaint was filed or pending before any other forum with respect to the same subject matter.

29. The Complainants therefore most respectfully prays:-

a) That the Opposite Party be directed to hand over immediately the vacant and peaceful possession of the Villa No.5 admeasuring 298 sq. mts. built up area on ownership basis which includes undivided proportionate share corresponding to the area of the bungalow along with amenities of swimming pool, health club and other facilities in the exclusively residential Complex "_________________" situated in the property bearing Survey No. 61/2 which is sub divided into plots No. 61/2-A and 61/2-B as described in the schedules in the agreement.

b) The Opposite Party be further directed to pay to the Complainants the interest on an amount of Rs.53,46,120/- at the rate of 12% per annum from the date of execution of the Agreement dated ________________ till the delivery of possession of the bungalow with Occupancy certificate and Rs.16,50,000/- towards the expenditure for traveling from England to _______ and vice versa and for accommodation in ______ and costs of complaint and damages for deficiency in service.

OR IN THE ALTERNATE
b) The Opposite party be directed to refund the amount of Rs.53,46,120/- along with the interest at the rate of 12% per annum from the date of execution of the Agreement dated _____________ till ____________ amounting to Rs.29,18,900/- plus Rs.16,50,000/- towards the expenditure for traveling from England to _______ & vice versa and for accommodation in ______ total amounting to Rs.99,15,100/- (Rupees ninety nine lakhs fifteen thousand one hundred only) /- and further interest at the rate of 12% per annum on the entire amount from _____________ till full payment and costs of the complaint and damages for mental torture, agony and for deficiency in service.
c) Any other order/relief deems fit and proper in view of the peculiar facts and the circumstances of the case may kindly be granted in the interest of justice.

Place
16/05/2011 The Complainants through their
lawful attorney X


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