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Before the Hon’ble District Consumer Disputes Redressal Forum at Room No.202, Collectorate, Ghaziabad, Uttar Pradesh

In the matter of:- Mahesh Narayanan ………Complainant

V/s Mahagun India Pvt Ltd& Ors ……….Opposite Party

INDEX

S. No. Particulars Pages

1. Complaint 2 - 7

2. List of Documents (Separately Paginated)

8

Dated: -

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BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT ROOM NO 202 COLLECTORATE GHAZIABAD, UTTAR PRADESH.

1. Particulars of complainant:

Mahesh Narayanan C-001, Hindon Apartments Vasundra Enclave Delhi-110096 Mobile Phone Number: 9891831664

2. Particulars of Opposite party: Opposite Party No.1 Mahagun India Pvt Ltd A-19, Sec-63, Noida Uttar Pradesh-201309 (Builders of Mahagun Mascot) Group Housing Project, Plot No.5, Sec-11, Crossing Republik Scheme, Dundahera, Ghaziabad, Uttar Pradesh, India) And Opposite Party No.2 Mr. Dhiraj Jain, Director Mahagun India Pvt Ltd A-19, Sec-63, Noida Uttar Pradesh-201309 And Opposite Party No.3 Mr. Pawan Kumar Jain Chairman Mahagun India Pvt Ltd A-19, Sec-63, Noida Uttar Pradesh-201309

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RESPECTFULLY SHOWETH: Details of Services The complainant booked a residential Flat in the project Mahagun Mascot group housing scheme in Crossing Republic NH-24, Dundahera, District Ghaziabad, Uttar Pradesh, India in December 2007. The said Flat is located at No. 218 in second floor level in the residential tower ‘Milano’ of the project. The Builder of this group housing complex, who is also opposite party No.1 in this complaint, is the company Mahagun India Pvt Ltd. The corporate office of Mahagun India Pvt Limited is situated in A-19, Sector 63, Noida 201309, Uttar Pradesh, India. The Telephone Numbers of Mahagun India Pvt Limited corporate office is 01202402021, 01202427022, 01202427023 and 01202427024. Mr. Dhiraj Jain, who is also the Opposite party No 2 in this complaint, is the active Director of the company Mahagun India Pvt Limited. Mr. Pawan Kumar Jain, who is also the Opposite Party No.3 in this complaint, is the active Chairman of the company Mahagun India Pvt Limited. The opposite Party No. 2, who is an active Director of the above said Company, has signed the Allotment letter given to the complainant. Both of Opposite Parties No. 1 and 2 have promised certain conditions which are fully described in the allotment letter dated 15.01.2008. The complainant has paid opposite party No. 1 the basic price of Flat i.e. Rs. 45,89,480/-(Forty Five Lakh Eighty Nine Thousand Four Hundred Eighty only) along with Rs. 5,00,050/-(Five Lakh and Fifty only) as full payment for double car parking, power back and external development charges. There are no remaining dues from the complainant till the possession of the flat as per agreement given in the allotment letter. The complete detail of payment made by the complainant to the Opposite Party No.1 on account of the said flat is given in the table below.

S.No Item Amount Payment Date

1 Booking amount for the said flat

Rs. 2, 29, 474 (Two Lacks twenty Nine Thousand Four Hundred Seventy Four Only)

26/12/2007

2 Part basic payment for the said flat

Rs. 4, 58, 948 (Four Lack Fifty Eight Thousand Nine Hundred Forty Eight Only)

24/01/2008

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3 Part basic payment for the said flat

Rs. 6, 01, 058 (Six Lacks One Thousand Fifty Eight Only)

02/02/2008

4 Final basic payment for the said flat (HDFC LOAN)

Rs. 33, 00, 000 (Thirty Three Lacks Only)

02/02/2008

5 Part payment 1 of 3 for optional items

Rs. 1, 15, 000 (One Lack Fifteen Thousand Only)

31/05/2008

6 Part payment 2 of 3 for optional items

Rs. 1, 15, 000 (One Lack Fifteen Thousand Only)

01/12/2008

7 Last payment for optional items and External Development Charges

Rs. 2, 70, 050 (Two Lack Seventy Thousand and Fifty Only)

24/03/2011

In total till date the complaint has paid the Opposite Party No.1 a sum of RS. 50, 89,530 /- (Rupees Fifty Lacks Eighty Nine Thousand Five Hundred Thirty Only) on account of the said flat. The receipt of every payment made by the complainant to the Opposite Party No.1 on account of his flat is annexed to this complaint. A copy of the allotment letter of the said flat is annexed to this complaint. Opposite Party No.1 has agreed in the allotment letter to give possession of the said flat by March 2010. It is clearly mentioned in Para 3 and Para 4 of Page 10 of the allotment letter that if the possession is not given by June 2010 Opposite Party No.1 will pay out Rs.10 per sq feet per month to the complainant as penalty till the time of possession of the flat. Deficiency in services

1. Opposite Party No.1 has paid penalty to the complainant on account of delay in possession till December 2010. But after December 2010 Opposite Party No.1 has not paid the penalty. This way Opposite Party No.1 and Opposite Party No.2 has breached the contract signed by them with the complainant in the form of the allotment letter dated 15.01.2008.

2. Opposite Party No.1 has FAILED to give possession of the said flat to the

complainant within the time period agreed by him in the allotment letter. As per the agreement made in the allotment letter the possession of the flat is to be made by March 2010. This way Opposite Party No.1 and Opposite Party No.2 has breached the contract signed by them with the complainant in the form of the allotment letter dated 15.01.2008.

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3. After repeated requests made by the complainant to Opposite Party No.1 through registered post and email for information regarding possession of his flat the Opposite Party No.1 has refused to give any material information on the same. These registered letters and emails are annexed to this complaint.

4. Opposite Party No.1 made promises of delivering a finished residential

flat before March 2010 and encouraged the Complainant to take a home loan from the bank HDFC at very high interest rates to satisfy the payment demands on account of the flat. The complainant is paying EMI of the home loan taken at high interest rates. The complainant has no information on time frame of possession of his flat. The Opposite Party No.1 has refused to give any information regarding the delivery of the flat.

Attempts made to get the matter complained duly settled The Complainant sent several letter to the Opposite Party No.1, through registered post, enquiring the date of possession of his flat. Opposite Party No.1 has not provided any material information in response to these letters. The Complainant sent several letter to the Opposite Party No.1, through registered post, requesting him to pay the penalty on account of delay in possession for the months January 2011 and after. Opposite Party No.1 has not responded to these letters. These letters have been annexed to this complaint. On 28 March 2011 the complainant, through an advocate, sent a legal notice demanding possession and penalty and requested the Opposite Party No.1 to respond within 30 days of the receipt of this notice. The legal notice expired on 28 April 2011. The Opposite Party No.1 has not responded to the legal notice. The legal notice is annexed to this complaint. Relief Claimed 1. Opposite Party No.1 may be instructed to give possession of the

complainant’s flat. If the construction activities on flat is not complete then the Opposite party No.1 may be instructed to give a written statement, duly signed by the Opposite Party No.2 and Opposite Party No.3, containing the date on which the possession of the flat will be given by them.

2. Opposite Party No.1 may be instructed to pay penalty at the rate

Rs.10 per sq feet per month (for super area of 2215 square foot) starting from January 2011 as agreed in the allotment letter. An additional 18 % interest per annum may be levied on the penalty amount due to the delay.

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3. Opposite Party No.1 may be instructed to pay rent till the possession of the house as the complainant is living in Delhi and paying rent for the accommodation @ Rs. 50,000 per month.

4. Opposite Party No.1 may be instructed to compensate the loss

suffered by the complainant on account of ineligibility of home loan rebate in income tax for the financial year 2010-2011 arising due to delay in possession. The total loss on this account is Rs.45, 000 which the Opposite Party No.1 may be instructed to compensate.

5. Opposite Party No.1 may be instructed to compensate for the

mental agony and harassment suffered by the complainant due to the opposite parties actions. The complainant, who belongs to the middle class of the society, has invested all of his and his family member’s life savings including that of his retired mother and disabled grandmother in the flat. The opposite Party No.1 has hurt the complainant deeply by denying him the possession of the flat and further not informing on the status of construction. Further even the penalty on account of delay of possession, which the Opposite Party No.1 is contractually obligated to pay, has not been paid.

Prayer

In view of the submissions contained in the preceding paragraphs, the complainant most respectfully prays to the Hon'ble Forum to direct the Opposite Party No.1 to:

1. handover physical possession of the complainant’s flat and if the

house is not ready then provide in writing the expected possession date.

2. pay a sum of Rs.22,150 (twenty two thousand one hundred fifty

only) per month @ 10 Rs. Per square foot starting from January 2011 till the date of possession of the flat along with interest on this amount at the rate of 18% compounded per annum on account of penalty due to delay in possession.

3. pay a sum of Rs.50,000 (Fifty Thousand only) per month from

March 2010 onwards on account of rent which the complainant is paying for the accommodation he is currently residing in.

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4. pay Rs. 45,000 (Forty Five Thousand Only) on account of loss due to ineligibility of home loan rebate on income tax for the financial year 2010-2011.

5. pay a sum of Rs. 500,000/- (Five Lacks Only) towards the physical

strain and mental agony suffered by the complainant and his family members.

6. pay a sum of Rs. 5,000/- (Five Thousand Only) towards cost of this

petition.

which act of kindness, the complainant shall, as is duty bound, ever pray. Complainant

Through

Dated:…………….

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Before the Hon’ble District Consumer Disputes Redressal Forum at Room No.202, Collectorate, Ghaziabad, Uttar Pradesh

In the matter of:- Mahesh Narayanan ………Complainant

V/s Mahagun India Pvt Ltd& Ors ……….Opposite Party

INDEX

S. No. Particulars Pages

1. Allotment Letter 9 - 23

2. Emails and Registered letter correspondence

between the Complainant and the Opposite Party

No.1

24 – 26

3 Legal Notice Sent by the complainant to Opposite Party No.1 & Opposite

Party No.1

27

4 Receipts of Payment Made by the Complainant

to the Opposite Party No.1 on account of his

flat

28 - 31

Dated: -

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Allotment Letter

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