BEFORE THE NATIONAL CONSUMER DISPUTES

REDRESSAL COMMISSION, NEW DELHI

CONSUMER COMPLAINT NO............ OF 2019

IN THE MATTER OF:

Mr. Satish Chandra Rai and others........ Complainants

Versus

Rohtas Project Ltd. .......... Opp. Party

COMPLAINT UNDER SECTION 21 READ

WITH SECTION 12 (1) (C) OF THE CONSUMER
PROTECTION ACT, 1986

MOST RESPECTFULLY SHOWETH:

1. That the complainants herein are the buyers of plot in

residential housing project namely “Rohtas Crescent Farms”

undertaken by the opposite party at Vill. Kashimpur Biruha,

Lucknow, U.P. which is located at Sultanpur Road. It was

proposed to be developed with ample green spaces, road,

sewer, waterlines, horticulture, external electrification, etc.

and internal development works. The said project was

launched in 2012 with the promise to provide plots with all

amenities as within 30 months from the date of agreement . The

copy of the details of the project as available on marketing

website is annexed as “ANNEXURE P-1 (COLLY)”.

2. That the opposite party is a public company and the same

is clear from the various correspondences with opposite party.

The opposite party is in the business of real estate and has

undertaken this project whereby it offered plots of different

size to the complainants.

3. That as per the record available on website opposite party

is a registered company with CIN No.

U74999DL1990PLC123785 on 05 January, 1990 with

authorised share capital of Rs. 130,000,000 and paid up capital

of Rs. 128,550,000, which is in the business of Real Estate.

Paresh Rastogi, Pankaj Rastogi and Piyush Rastogi are

directors of Rohtas Projects Limited and its Registered Address

is Flat No. 2, First Floor, F-50B Madhu Vihar Ext. Patparganj

New Delhi East Delhi DL 110092 . The record of the opposite

party as available on website of registrar of companies is

annexed herewith as “ANNEXURE P-2”.

4. That the present complaint has been filed under section

21 of the Consumer Protection Act along with an application

under section 12(1)(c) of the Act seeking permission from this

Hon’ble Court to allow complainants and other plot buyers to

institute present complaint jointly against the opposite party as

the complainants and all other members of the said project

have same grievances and interest against the opposite party.

Each complainant has got same interest as has signed similar

agreement with the opposite party. These complainants have

booked their plots in same project and in the same area. The

complainants by way of said application also invite all the

buyers of plots in the said project to join the present complaint

against opposite party. The said application is in terms of

section 13 (6) of the Consumer Protection Act, 1986 read with

Order I rule 8 of the Code of Civil Procedure, 1908.

5. That the present complaint has been filed because the

opposite party failed to deliver booked plots to the

complainants who are middle income group members and have

given their hard earned money to the opposite party to get the

residential plot in the project. The entire project has been

stalled and there is no sign of completion of project even in

near future.

6. That believing over the representation of opposite party

on website, brochures and other modes, complainants who were

in the need of residential plots for their personal use agreed to

purchase the plots in the said project of opposite party.

7. That the complainants paid the considerable amount as

demanded by opposite party, on receiving the same, opposite

party issued letters to the complainants confirming the

allotment. Copy of letters/ payment slips is annexed as

“ANNEXURE P-3 (colly)”. The terms of letter are same for

all the complainants except for the description of plot allotted

and payment schedule. The complainants herein are relying

upon all their documents, which will be filed as and when

required or directed by this Hon’ble Court at proper stage.

8. That the opposite party whenever raised demand towards

purchase of plot it was paid accordingly by the complainants.

The opposite party always threatened that in case of delay in

payment, it will impose heavy penalty on complainants. A

table enumerating the name of complainants, size of plot, unit

number allotted and total price of plot and amount paid till

date is annexed herewith as “ ANNEXURE P-4”.

9. That as per the agreed terms and plot buyer agreement

signed by opposite party with few complainants, it was to hand

over the possession of the plot to the complainants within 30

months from the date of agreement and commencement of

construction. A copy of the plot buyer agreement is annexed as

“ANNEXURE P-5”. It is pertinent to mention here that even

after passing of reasonable and stipulated period, opposite

party has not completed the work nor there is any sign of

completion of project even in near future.

10. That the complainants craves leave of this Hon’ble Court

to file and rely upon the documents of all complainants as and

when required or directed to do so by this Hon’ble Court. Few

complainants have written letter to the opposite party copy of

which is annexed as “ANNEXURE P-6 (Colly)”.

11. That the act of the opposite party of not completing the

project and handing over possession of plots within stipulated

time period is amount to deficiency and negligence in

discharge of services by opposite party. Opposite party is also

involved in the unfair trade practice as defined u/s. 2(1)(r) of

the Act due to which the complainants have suffered huge

monetary losses. Apart from that the complainants have

suffered grave mental agony and harassment due to unfair trade

practice and deficiency on the part of opposite party.

12. That some of the complainants herein are staying in

rented accommodations and incurring rentals every month due

to delay on the part of the opposite party. The harassment

caused to the complainants only due to deficient services of

opposite party in not delivering possession of the plots within

stipulated time period of 30 months. The complainant herein

are praying this Hon’ble Court to direct the opposite party

deliver the plots within stipulated time failing which they may

be directed to refund entire amount of complainants along with

the interest @18% p.a. from the date of receipt of the amount

and further to pay the damages to all complainants. It is

pertinent to mention here that the cost of the plots in the said

area has increased substantially since the time of booking of

the plots therefore, the increased cost of the plot may also be

directed to be paid to each complainants. The prayer for refund

of amount is only in an eventuality that the opposite party are

not in position to complete the construction of project and

deliver the possession within stipulated time.

13. That the opposite party is liable to pay towards mental

agony, anguish and frustration to the complainants which is

calculated to the tune of Rs.3,00,000/- to each complainants

and they are also entitled to the cost of the litigation to the

tune of Rs.1,00,000/- to each complainants.

14. That the aggregate value of the plots of complainants

herein and of the other buyers of the project, for whose benefit

also, the present complaint has been filed is more than Rs.1.00

Crore and satisfies the pecuniary jurisdiction of this Hon’ble

Court. Therefore, this Hon’ble Court has jurisdiction to

entertain the complaint in view of Section 21 of the Act read

with section 12(1)(c) of the Act. As the buyers of the plots in

the said project including the complainants have similar

grievances against the opposite party and present complaint

has been filed u/s. 12 (1) (c) of the Act, it would be in the

interest of justice to have the present dispute adjudicated by

this Hon’ble Court collectively to avoid multiplicity of

litigation before different forums with regard to the same

subject matter.

15. That the cause of action is a continuous cause of action

as the opposite party is yet to deliver possession of the plots in

the project to the complainants.

16. That the complainants have not instituted any similar

proceedings under the Act before any forum with respect to the

subject matter of this complaint for the relief prayed herein.

PRAYER

It is most respectfully prayed to this Hon’ble court to:

a. admit the present complaint u/s. 21 read with section 12

(1)(c) of the Act in accordance with the accompanying

application filed on behalf of complainants and for the benefit

of all plot buyers of the project “Rohtas Crescent Farms”

Sultanpur Road, Lucknow;

b. the opposite party be directed to refund the amount it

received from the complainants and all other plot buyers in the

project;

c. opposite party be directed to pay the interest @18% p.a.

from the date of receipt of amount till the date of realization to

all the complainants and other plot buyers in the project.

d. direct the opposite party to pay compensation for mental

agony and harassment to the tune of Rs.3,00,000/- to each

complainants and all other plot buyers in the project;

e. direct the opposite party to pay the compensation towards

escalation of the value of plots in the areas which is calculated

to be Rs.3,00,000/- to all the complainants and other plot

buyers in the project;

f. direct the opposite party to pay the cost of the present

litigation to all the complainants and other plot buyers in the

project;

g. pass any such further order as this Hon’ble Commission

may deem fit and proper in the present facts and

circumstances.

COMPLAINANTS

THROUGH
Natwar Rai & Associates
(Solicitors & Advocates)
501- Lawyers’ Chamber Block-3
Delhi High Court, New Delhi
Ph.# 09818906064, nat warr ai @gm ai l .com
 BEFORE THE NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI

CONSUMER COMPLAINT NO............ OF 2019

IN THE MATTER OF:

Mr. Satish Chandra Rai and others........ Complainants

Versus
Rohtas Project Ltd. .......... Opp. Party

AFFIDAVIT
Affidavit of Sh. ................ aged about .....years, S/o .............
R/o. ........................................................................ ..........
the complainant herein.

I, the above named-deponent, do hereby solemnly affirm and

declare as under:

1. That I am the complainant and being well acquainted with

the fact and circumstance of the case, I am competent to swear
this affidavit. I have gone through the accompanying complaint
being filed in this Hon’ble Court on behalf of all complainants
and understood its contents.

2. That the contents of paras 1 to 16 of the aforesaid

complaint are true to my knowledge and belief and nothing has
been concealed there-from. Last para relates to prayer for
relief.

3. That averments made in the above-said complaint are not

being repeated herein for sake of brevity and the same may be
treated/ read as part of this affidavit.

DEPONENT
VERIFICATION:

I, the above-named deponent, do hereby solemnly affirm and

declare at ……………on this ……..day of January, 2019 that
the contents of paras 1 to 3 above are true to my knowledge.

DEPONENT
 BEFORE THE NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI

CONSUMER COMPLAINT NO............ OF 2019

IN THE MATTER OF:

Mr. Satish Chandra Rai and others........ Complainants

Versus
Rohtas Project Ltd. .......... Opp. Party

APPLICATION UNDER SECTINO 12 (1) (C) READ WITH

SECTION 13 (6) OF CONSUMER PROTECTION AND
ALSO UNDER ORDER I RULE 8 AND SECTION 151 OF
CPC TO ALLOW THE COMPLAINANTS TO FILE
PRESENT COMPLAINT JOINTLY

To

THE HON’BLE PRESIDENT AND

HIS COMPANION MEMBERS OF THE
NATIONAL DISPUTE REDRESSAL
COMMISSION, DELHI

The applicants above named most respectfully showeth as

under:

1. That the present complaint has been filed by

complainants who purchased plots in residential project

“Rohtas Crescent Farms” situated at Vill. Kashimpur Biruha,

Lucknow, U.P. which is located at Sultanpur Road was floated

by the opposite party.

2. That all the complainants believing over the presentations

of opposite party have booked plots in the said project, which

the opposite party assured to deliver to complainants within 30

months. The opposite party measurably failed to deliver the

plots within stipulated time therefore, present complaint has

been filed by complainants jointly.

3. That the present complaint has been filed for the benefit

of all the complainants and plot buyers of the said project.

4. That the present application has been filed by

complainants who have same grievances against opposite party

as that of other buyers of the plots. The details as name of

applicants, size of plots and their respective provisional

allotted unit number is given in a table and annexed as

“Annexure P-5” of the complaint.

5. That the complainants having the same interest and fall

under the category of section 2(1)(b)(iv) of the Act. All the

complainants have been issued provisional allotment letters by

OP with standard terms and conditions. The applicants have

paid substantial amount towards purchase of plots of respective

size, but even after passing of considerable time, OP has failed

to deliver said plots to applicants on the date of filing of this

application and complaint. Copy of such provisional allotment

letters is annexed with the complaint. The applicants herein

seek liberty from this Hon’ble Court to file rest provisional

letters at proper stage or as and when directed by this Hon’ble

Court.

6. That the complainants/applicants and all other plot

buyers have same interest and are placed similarly. The

applicants and all the plot buyers are having similar grievances

against opposite party and they claims similar relief as claimed

in complaint and as thus the applicants jointly wish to file

present complaint. The applicants relied upon the contents of

complaint and the same is not repeated herein for the sake of

brevity and to avoid repetitions. The applicants herein may

further bring such other facts and material on record which

will be required for proper adjudication of present matter.

7. That from the above stated facts it is clear that all the

applicants are claiming similar relief against opposite party

and the present complaint has been filed for the benefit of all

the complainants and all other plot buyers in the said project.

8. That the facts in the present subject matter are similar

and it involves common question of law if the complainants

bring separate complaint against opposite party, there will be

multiplicity of litigations, which can be avoided by bringing

the present complaint jointly. Therefore, it is prayed to this

Hon’ble Court to allow the applicants to jointly present the

complaint as it will avoid any multiplicity of litigation. It will

be for convenience of all parties. Further, the outcome of

present complaint will directly affect rights and interests of all

complainants and other plot buyers in the project as they all

have same interest. It is not out of scope to mention here that

present complaint is still at the initial stage and it will not

cause any prejudice to any party if allowed by this Hon’ble

Court to jointly present the complaint. The present applicant

has been made bonafide and in the interest of justice.

PRAYER:

9. Therefore, it is most respectfully prayed to this Hon’ble

Court:

a. To allow the applicants to file the present complaint

jointly for the benefit of all the complainants and all

purchasers of plot in the project “Rohtas Crescent Farms” of

opposite party.

b. To pass any other or further orders as this Hon’ble Court

may deem fit and proper in the present facts and

circumstances.

APPLICANTS
Through

Natwar Rai & Associates

(Solicitors & Advocates)
501- Lawyers’ Chamber Block-3
Delhi High Court, New Delhi
Ph.# 09818906064, nat warr ai @gm ai l .com
 BEFORE THE NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI

CONSUMER COMPLAINT NO............ OF 2019

IN THE MATTER OF:

Mr. Satish Chandra Rai and others........ Complainants

Versus
Rohtas Project Ltd. .......... Opp. Party

AFFIDAVIT
Affidavit of Sh. ................ aged about .....years, S/o .............
R/o. ........................................................................ ..........
the applicant herein.

I, the above named-deponent, do hereby solemnly affirm and

declare as under:

1. That I am the applicant and being well acquainted with

the fact and circumstance of the case, I am competent to swear
this affidavit. I have gone through the application being filed
in this Hon’ble Court on behalf of all applicants and
understood its contents.

2. That the contents of paras 1 to ....of the aforesaid

application are true to my knowledge and belief and nothing
has been concealed there-from. Last para relates to prayer for
relief.

3. That averments made in the above-said application are

not being repeated herein for sake of brevity and the same may
be treated/ read as part of this affidavit.

DEPONENT
VERIFICATION:

I, the above-named deponent, do hereby solemnly affirm and

declare at ……………on this ……..day of January, 2019 that
the contents of paras 1 to 3 above are true to my knowledge.

DEPONENT
IN THE COURT

Suit /Appeal No./CWP __________________________JURISDICTION of 2019

IN THE MATTER OF

............................................................................Plaintiff /Appellants/ Petitioner/

Complainant

VERSUS
.............................................................................................Defendant/Respondent/
Accused

KNOW ALL to whom these present shall come that I/We .....................................

.........................................................................................................................................
the above named _______________________________________ do hereby appoint
NATWAR RAI ADVOCATE
NATWAR RAI & ASSOCIATES
19/112,SUNDARAM BLOCK
VASUNDHARA,SECTOR-19
GHAZIABAD-201012
MOB.NO.9818906064
(herein after called the advocate/s) to be my/our Advocate in the above noted case authorized him :-
To act, appear and plead in the above-noted case in this Court or in any other Court in
which the same may be tried or heard and also in the appellate Court including High Court subject to
payment of fees separately for each Court by me/ us.
To sign, file verify and present pleadings, appeals cross objections or petitions For
execution review, revision, withdrawal, compromise or other petitions or affidavit or other
documents as may be deemed necessary or proper for the prosecution of the said case in all its
stages.subject to payment of fees for each stage
To file and take back documents to admit and/or deny the documents of opposite party.
To withdraw or compromise the said case or submit to arbitration any differences or
disputes that may arise touching or in any manner relating to the said case.
To take execution proceedings.
The deposit, draw and receive money, cheques, cash and grant receipts thereof and to do
all other acts and things which may be necessary to be done for the progress and in the course of
the prosecution of the said case.
To appoint and instruct any other Legal Practioner, authorizing him to exercise the power
and authority hereby conferred upon the Advocate whenever he may think it to do so and to sign
the Power of Attorney on our behalf.
And I/We the undersigned do hereby agree to ratify and confirm all acts done by the
Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and
purposes.
And I/We undertake that I / we or my /our duly authorized agent would appear in the Court on
all hearings and will inform the Advocates for appearance when the case is called.
And I /we undersigned do hereby agree not to hold the advocate or his Substitute
responsible for the result of the said case. The adjournment costs whenever ordered by the Court
shall be of the Advocate which he shall receive and retain himself.
And I /we the undersigned do hereby agree that in the event of the whole or part of the fee
agreed by me/us to be paid to the Advocate remaining unpaid he shall be entitled to withdraw from
the prosecution of the said case until the same is paid up. The fee settled is only for the above case
and above Court. I/We hereby agree that once the fee is paid. I /we will not be entitled for the
refund of the same in any case whatsoever. If the case lasts for more than three years, the
original fee shall be paid again by me/us.
IN WITNESS WHEREOF I/We do hereunto set my /our hand to these presents the contents
of which have been understood by me/us on this ____________ day of ____________20
Accepted subject to the terms of fees.

Advocate Client