Vacl India Real Estate Limited - Non Refund by VACL India Real Estate Ltd

Tapas Mishra
S/o Rajendra Mishra
…Complainant
VERSUS
VACL India Real Estate Ltd.
Through its Managing Director,
Brajendra Chauhan
Registered Office: **, B-*, Sai Complex, Saipuram, Panki Road, Kalyanpur, Kanpur-******
…Opposite Party

COMPLAINT UNDER SECTION ** OF THE CONSUMER PROTECTION ACT, ****
MOST RESPECTFULLY SHOWETH:


That the Complainant is a law-abiding citizen and had invested money with the Opposite Party for purchase of a plot under their scheme.


That the Complainant paid an initial amount of Rs. **,*** on **.**.**** and thereafter ** monthly installments of Rs. *,*** each, totaling Rs. *,**,***, through bank transactions.


That the Opposite Party failed to develop the promised land at Shivli even after several years, and the site remains undeveloped.


That upon inquiry, the Opposite Party suggested shifting to another site by paying additional money, which the Complainant declined.


That the Complainant, after learning about alleged fraudulent activities of the Opposite Party, requested a refund of the invested amount.


That the Opposite Party accepted the refund request on **.**.**** of Rs. ******/- only and assured payment within *–* months, but failed to do so.


That repeated follow-ups and personal visits were made, including meetings with the Managing Director, who assured refund by February **** and later by **.**.****, but no payment has been made till date.


That the act of the Opposite Party amounts to deficiency in service and unfair trade practice under the Consumer Protection Act, ****.



CAUSE OF ACTION
The cause of action arose on **.**.**** (initial payment) and continues till date due to non-refund despite repeated assurances, last being **.**.****.

JURISDICTION
This Hon’ble Commission has jurisdiction as the Complainant resides and the Opposite Party operates within its territorial limits, and the claim amount falls within its pecuniary jurisdiction.

RELIEF SOUGHT
The Complainant respectfully prays that this Hon’ble Commission may kindly:
a) Direct the Opposite Party to refund Rs. *,**,*** to the Complainant.
b) Award interest @ **% per annum from the date of payment till realization.
c) Grant compensation for mental harassment and financial loss (Rs. **,***).
d) Award litigation costs (Rs. ).
e) Pass any other order deemed fit in the interest of justice.

I have all required payment proof along with acknowledgement copy of refund request. Same will be provided once asked.
Regards
Tapas Mishra
**********