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BEFORE THE HON'BLE CONSUMER DISPUTES
REDRESSAL COMMISSION, SAMBHAL
COMPLAINT NO- OF 2024
Lalita Agarwal VERSUS KV Developers Pvt Ltd Lalita Agarwal age about 53 years. W/o Rajesh Kumar Agrawal, Ro H No. 17 Bareilly Sarai, City and District Sambhal The deponent solemnly affirms and declares as under. 1- That in the year 2019, advertisements were published by the Opposite Party manifesting about their new project wherein it was mentioned that the Opposite Party is developing and constructing Flats/Units of various sizes and dimensions in the Group Housing Residential Complex known as "KVD WINDPARK" on Plott No.DV-GH-09B, Sector-Techzone-IV, Greater Noida West, District Gautam Buddh Nagar, UP It was also advertised by the Opposite Party that the construction work of the above project has started and the flats will be allotted to whomever interested and the sale deed will be executed accordingly. The complainant got influenced by the new project of the Opposite Party and decided to buy a flat for her livelihood purpose 2- That responding to the advertisements held out by the Opposite Party, in the month of March 2019, the complainant approached the Opposite Party and manifested her desire to buy a new flat. The employees of the Opposite Party took the complainant to the construction site of the above names project and intimated the complainant that the construction work will be completed soon The total cost of the flat would be Rs.28,97,125/- and the payment can be made in installments. The complainant got influenced and decided to buy the flat 3- That on Dated 10.04 2019, the complainant paid the booking amount Rs.21,000/- and a payment acknowledgement receipt was issued in the name of the complainant by the Opposite Party. Subsequently, the complainant and the Opposite Party entered into an agreement and agreement dated 12.04.2019 was executed between the complainant and the Opposite Party The complainant was allotted Flat No-052 in T1. 3BHK of Super Area 1505 sq.ft. At the time of executing the agreement, the assurance was given by the Opposite Party that the construction work will be completed soon and the complainant will be handed over the possession soon 4- That after execution, the complainant visited several times to the above construction site of the Opposite Party but every time the complainant found that the construction work is on hold and only incomplete building structure is there. Repeated requests were made by the complainant to the managing director/chairperson to finish the construction work as the complainant is ready and willing to pay the complete amount to the Opposite Party and to execute the sale deed but each time the assurance was given by the Opposite Party that construction will be completed soon. 5- That the complainant received a demand letter bearing Overdue Date: 20.03 2024 whereby the complainant was asked to deposit the amount Rs 12,13,725/ The complainant went to the office of the Opposite Party and intimated the managing director/chairperson of the Opposite Party that since 2019, the project is in the same condition and no construction work is done since 2019 The Opposite Party has only constructed a blank structure of the building and that too incomplete. Except the blank structure nothing has been done. The complainant further intimated the managing director/chairperson of the Opposite Party that the complainant is ready and willing to pay the complete due amount in one time payment but the Opposite party at least complete the construction and to get the occupancy certificate and further to execute the sale deed and to deliver the possession as well. But the flat is not in the condition to purchase as the flat is not even completely constructed even than the Opposite Party is sending demand notice. The complainant even heard that the reputation of the Opposite Party is not good and the Opposite Party is categorized as "defaulters". The complainant requested the managing director/chairperson of the Opposite Party to complete the construction work and to get the Occupancy Certificate and to take complete amount from the complainant in one time payment and on Dated- 07.03.2024, the Opposite Party denied to start the construction work. 6- That due to this whole incident the complainant are being subjected to suffer unnecessary hardship pain and suffering. I, Deponent do hereby declare that the contents of pera number 1 to 8 of the affidavit are all true and correct in my personal knowledge there is nothing false and nothing has been concealed. May God help me !!! Verificatiuon was done on dated- .05.2024 in city & District Sambhal.
