BEFORE THE HON’BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MUMBAI.

CONSUMER COMPLAINT NO. 172 OF 2021

MR. RITESH KUMAR JAIN & Anr.

...Complainants

Versus

ERA REALTORS PVT. LTD. & ORS.

... Opposite Parties

AFFIDAVIT OF EVIDENCE

I Vinal Ritesh Jain, aged about 38 years, presently residing at A-2605, Omkar

Alta Monte, Western Express Highway, Malad (East), Mumbai – 400097, do

hereby solemnly affirm and declare as under: -

1. That I am a citizen of India residing at the aforesaid address along with

my Husband i.e., complainant no 1,Ritesh Kumar Jain. I am a

Homemaker by profession.

2. I have the authority to sign and verify pleadings, sign and depose

affidavits, being well conversant with the facts and circumstances of the

case, and am competent to swear and depose this affidavit. I further say

that certain typographical and arithmetical errors, are rectified and the

said is supported with documents.

3. I say that the Opposite Party No. 1 is the Promoter, Opposite Party No.2

is the land owner and both are engaged in the business of construction

development of land and are involved in the development of the subject

project and Opposite Party no.3 is the Real Estate Agent duly registered

under RERA bearing Registration No. A51800000727.

4. I say that I along with my husband had purchased a flat from the

Opposite Parties in the Apartment named “Omkar Alta Monte’ (Tower

B) situated at Shantaram Talao, Siddheshwar Nagar, Kokanipada, Malad

(East), Mumbai-400 097. I have paid an amount Rs.1,16,18,954/- (One

Crore Sixteen Lakhs Eighteen Thousand Nine Hundred and Fifty-

Four Only) towards the cost of the Flat including taxes and an amount

of Rs.9,37,500/- towards the stamp duty and registration.

5. I Say that, in 2017, we were in search of a new under construction

project, in order to purchase a Flat for residential purpose in a newly

constructed building and we while search for the same, came across the

project namely Omkar Alta Monte located adjoining the Mumbai

Western Express Highway and therefore had approached the opposite

parties. We fell prey to the misrepresentations in regards to the amenities

& information/details shared of the construction partners of the Opposite

parties which was also mentioned in the Brochures got lured to book a

flat in the said project. Further, the opposite parties represented that said

project shall be comprising of 53 upper habitable floors, wherein the first

habitable floor started after 1 lower ground+ground+5 upper Podium

levels + Stilt on amenity Podium, and would include an array of facilities

shall get the possession of the flat in March, 2017 with amenities such as

Club house, Sky Lounge, Elevated Jogging track, exclusive dog park,

Gymnasium, Swimming Pool, Children’s Play Area, Spa and Jacuzzi,

Multi-Purpose Hall, Jain temple and also single parking space. Pursuant

to the above advertisements and projections, we were desirous to

purchase a flat in the said project. A copy of the brochure containing the

promised amenities is hereto annexed and marked as Exhibit “A”.

6. I say that, after deliberation an, discussions, we agreed to purchase a Flat

in the said project and Opposite Parties offered Flat No. 2306 on 23rd

Floor in Tower- B, being a 2 BHK in above said project for

residential purpose admeasuring a total of 78.81 Sq. mtrs. inclusive

of Service Area/deck Area/duct of 8.11 Sq. mtrs. Inclusive of Service

Area/deck Area/duct of 8.11Sq. mtrs (hereinafter referred to as “Said

Flat” for the sake of brevity) for a consideration of Rs. 1,81,49,666 +

GST @5.5% (GST Discount of 6.5%) /- (One Crore Eighty-One

Lakhs Forty Nine thousand Six Hundred and Sixty Six Only) and it

was further agreed that the date of possession shall be in June 2018,

along with occupation certificate and the Allotment Letter with respect

to the said flat shall be issued after payment of booking amount.

7. I say that, we agreed to the consideration amount of Rs. 1,81,49,666 +

GST @5.5% (GST Discount of 6.5%) /- (One Crore Eighty One

Lakhs Forty Nine thousand Six Hundred and Sixty Six Only) for the

said flat, I had made an advance payment towards booking of Rs.

9,07,483/- (Rupees Nine Lakhs Seven Thousand Four Hundred and

EightyThree Only) Vide cheque bearing its instrument no. 092237

dated 13-10-2017 - Rs.1,00,000/- & instrument no. 092238 dated 17-10-

2017 - Rs. 8,07,483/- both drawn on ICICI Bank, R K Mutt Road

Branch, R A Puram and the same was honored in the bank account of

Opposite Parties. I say that at the time of booking the said flat, we were

assured that the construction of the said project has commenced and we

shall get the possession of the said flat as promised by the Opposite

Parties in June, 2018 and the remaining consideration amount was to be

paid as per Payment schedule and demands raised by the Opposite

parties as per the said schedule which also appears in clause 5 of the sale

agreement dated 07.02.2018. I say that in order to make our dream come

true for owning our dream house, we have obtained housing loans from

the financial Institution namely DHFL bearing its Loan Application No.

01659777 & 01659814 and the same were sanctioned by the DHFL vide

sanction letters dated 08.12.2017 for an amount of Rs. 1,31,32,000 /-

(Rupees One Crore Thirty One Lakhs Thirty Two Thousand Only)

and of Rs. 48,68,000/- (Rupees Forty-Eight Lakhs & Sixty-Eight

Thousand only) respectively, aggregating to Rs. 1,80,00,000/-

(Rupees One Crore Eighty lakhs only). A copy of Bank Account

statement of the complainants reflecting debit for advance amount in the

bank account of the Opposite Parties hereto annexed and marked as

Exhibit “B” and a copy of DHFL loan sanction letters dated 08.12.2017
 for an amount of Rs. 1,80,00,000 /- (Rupees One Crore Eighty Lakhs

Only) is Exhibit “C”.

8. I say that, after making an advance payment towards part consideration

of the said flat and making payment of stamp duty and other charges by

me, we received the Agreement for Sale (hereinafter referred to as the

‘said agreement’ for the sake of brevity) wherein the date of possession

of the said flat was unilaterally changed to June, 2019 (with an extended

grace period of 12 Months) as per clause 28 of the said agreement.

However having no other option but to forcefully enter into the said

agreement as we had already paid a huge amount by borrowing Loans,

and also had started paying the EMI’s by that time, and therefore same

got executed on 07.02.2018. The said agreement dated 07.02.2018

between Opposite Parties and me is hereto annexed and marked as

Exhibit “D”.

9. I say that, we found no material progress in the construction work of the

said project made several correspondences to the Opposite Parties via

Email and phone calls, however except for hollow assurances, which

never turned into reality, we did not have the possession of the said flat

in June, 2019. The copies of Email correspondences between Opposite

Parties and me are hereto annexed and marked as Exhibit “E” (colly).
10. I say that, Then, we continued take follow-ups with the Opposite parties

as we were in dire need of the flat, as paying EMI’s and monthly rent at

the same time was very taxing. As there were no satisfactory responses

from the Opposite Parties in regards to the possession, I sent an email

dated 24/06/2019, wherein we have sought for the refund of the

payments already made to the Opposite Parties inclusive of the Statutory

payments and Interests, also on the very next day we even offered to

arrange for a buyer, however the Opposite parties have chosen to ignore

these communications which has led to various health complications for

us since then.

11. I say that, then we in all fairness would like to state that it was difficult

for us to pay the banks EMIs alongside the rent and the deliberate delay

in handing over the possession compelled me to approach the

MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY

(MahaRERA) by preferring a complaint against the Opposite Parties,

however the same got dismissed for the reasons that we have not

considered the grace period and therefore the Complaint is premature. A

copy of order dated 12.02.2020 passed by the MahaRERA Vide

complaint no. CC006000000171587 is hereto annexed and marked as

Exhibit “F”.
12. I say that in and around the month of May, 2019, DHFL had stopped

disbursements for the loan borrowed due to certain financial

constraints/issues. In the mean-time the Opposite parties had raised

another demand; therefore, we having no choice started looking for other

financers, in order to shift my loan. However HDFC Pvt. Limited

declined my application stating reasons that the construction work at the

project site was not in progress. Later we had approached SBI as

suggested by the Opposite parties and the loan was approved by SBI and

disbursed in Dec 2020. A copy of the loan sanction letter by SBI is

hereto annexed and marked as Exhibit “G”.

13. I say that there being no limits to the misery which we were already

going through, the Opposite parties started issuing faulty/incorrect

Demand letters for further payments, wherein one such letter dated

19/10/2020 was mailed only on 01/11/2020, and we were expected to

pay the amounts on 02/11/2020 i.e. within a day, which was truly

impractical for me to arrange for funds due to non-disbursement of

payments from the Financial Institution i.e. DHFL and also due to the

short notice, more so the figure/values in the demand letter reflected

some dues from the previous outstanding, we informed via emails to the

opposite parties that as there were no outstanding pending as per the

 previous records & therefore the demand letter needs rectification. We

received a revised Demand letter with necessary corrections only on

21/12/2020, i.e. after a lapse of more than a month. To an added shock,

again the Opposite parties did not consider the G.S.T. discount and the

amount reflected was incorrect again, this got rectified after I was

assured of the same, after the payments. Hereby we crave to leave to

refer and rely upon the default demand letters as and when produced.

14. I say that, as per the demand invoices raised by the Opposite Parties, we

and DHFL have disbursed the loan amount from time to time to the

Opposite Parties. I say that the schedule of payments made by me for

Flat cost, Taxes and other charges till date is as follows for the sake of

convenience of this Hon’ble Commission.

15. Table 1.1

PARTICULARS (Cheque DATE AMOUNT PAID

RTGS/NEFT)

92237 16.10.2017 100,000

92238 18.10.2017 807,483
AXISCN0017960951 08.03.2018 4,858,000
AXISCN0017959792 08.03.2018 2,769,403
Receipt Ref : 1500007527 15.03.2018 1,301,096
52393 15.03.2018 81,673.50
59723 07.04.2018 12,450.67
AXISCN0019099 17.04.2018 185,871.00
50836 02.05.2018 1,778.67
AXISCN0020371 06.06.2018 464,677.00
 AXISCN0021420 13.07.2018 92,935.00
51185 17.08.2018 4,446.67
AXISCN0022569820 27.08.2018 92,935.00
1556552424-RITESH 16.10.2018 185,871.00
50656 16.02.2019 1,778.67
51778 16.02.2019 889.33
XZXAGNA 13.06.2019 889.33
R12020122600049155 29.12.2020 372,631.00
25179 20.01.2021 2,668.00
90016447 12.04.2021 92,936.00

Receipt Ref : 46222 24.04.2021 889.00

Challan No. 02187
TDS
NEFT 18.05.2021 1,85,871.00
Receipt Ref : 45693
Receipt Ref : 46408 05.06.2021 1778.67
Challan No. 12728 TDS
Total Paid 1,16,18,951.51/-

Table 1.2

Serial No. Particulars Date Amount in Rs.

1. Paid Various Rs. 1,16,18,954/-

(including GST & TDS)
Consideration occasions as per

of the flat demand raised

by the
(inclusive of
Opponents(refer
the payments
ledger)
as mentioned
 in sub-parts

below)

a. TDS Rs. 1,09,245/-

b. Amount Rs. 99,50,788/-

disbursed as

Loan in the

Opposite

Parties

Escrow

Account by

DHFL

c. Paid by the Rs. 15,58,921/-

Client

2. Stamp Duty 05/02/2018 Rs. 9,07,500/-

3. Registration 05/02/2018 Rs. 30,000/-

16. A copy of Ledger for the payments as demanded and received by the

Opposite parties are hereto annexed and marked as Exhibit “H” and a
 copy of receipts of payment made by me to the Opposite Parties from

time to time are hereby annexed and marked as Exhibit “I” (colly)

17. I say that the we have always made the payment according to the

demands and compliances of the Opposite Parties and till date we have

paid to the Opposite Parties Rs. 1,16,18,951.51/- (One Crore Sixteen

Lakhs Eighteen Thousand Nine Hundred and Fifty One and Fifty

One paise Only) (inclusive of Taxes & TDS) as per the ledger dated

15/05/2021 and the payment receipt/acknowledgments of the recent

demands fulfilled by me, whereas after efflux of almost 04 years from

the date of booking and making payments of more than 60 % of the total

consideration amount, we have been persuaded with correspondences

stating the approvals are yet to come or some other evasive excuses.

18. I say that we have been staying on rent due to the delay in possession

and we are facing hardships by changing our residence every 11 months

or on expiry of the license period, therefore we are entitled to receive the

rent paid by us during the period post the date of possession from the

Opposite parties.

19. I say that taken into consideration, the RCC structure's expected life is

60 to 75 years in ideal condition. However, the bear RCC structure is

standing for the last 10 years without any protection, deteriorating due to
 direct exposure to climatic condition in the present case. And this will be

the cause for Accelerated Structural Deterioration of Reinforced

Concrete (concrete deteriorates due to direct climatic exposure), thereby

reducing the structure's life to 40 years for the home buyers this will be

added liability of Major Repairs in short span, which is again a

deficiency in service and economic burden in future for major repairs

upon me, therefore, Opposite Parties are liable to compensate for the

same, thereby refunding the structure's cost of depleted life.

20. I say that again in hope to get the possession at the earliest, we made

payment of Rs. 3,72,631/- (Three Lakhs Seventy-Two Thousand Six

Hundred & Thirty-One Only) to the Opposite Parties on 26.12.2020

and further payments in the Month of April and May, 2021 as per their

demands such that we are not treated as a defaulters, therefore we have

complied with terms as per the said agreement, however the same is not

reciprocated by the Opposite Parties.

21. I say that we were always informed frivolous & misleading information

pertaining to the possession date which was supposed to be June, 2018

later revised/amended/extended unilaterally to June, 2019, however we

proceeded for the execution of the Agreement for Sale only with the

hopes of at least getting the possession by the date as set out in the
 Agreement, which has also lapsed. I say that the construction work in the

said project has been at an extremely slow pace more so even halted for

about 02 to 03 years which again shows the incompetency in the work of

the Opposite Parties. The payment made over to the Opposite Parties is

hard earned money by me and the Opposite Parties have used the same

for their own benefits, and such conduct of theirs clearly shows their

intention to usurp the monies which is stark contrary to the assurances,

persuasions of the Opposite Parties during the time of Booking of the

said flat. I say that we have time and again requested for a refund,

compensation or a ready to move in flat with O.C., however such

requests have also been turned down by the Opposite Parties. We are

finding it hard to make payments towards the EMI’s and the Rent, we

even requested the Opposite parties to allow me to arrange for a buyer

for the said flat and that the flat can be transferred in the new buyer’s

name, to which the Opposite parties bluntly refused for such an option.

22. I say that, at the time of launching of the Project, opposite parties had

specifically represented that L&T is engaged as contractor for

construction of the Tower B (the Project) / the larger project, further,

while registering with RERA, opposite parties have disclosed the name
 of L&T to the statutory authorities. It was because of L&T being the

contractor for the Project and their good will in the market, we were

more inclined to buy flat from the Opposite parties. However, it has

come to our notice that Opposite parties have changed the contractor

from L&T to some local contractors for the said project, which clearly

establishes that Opposite parties are compromising on the quality of

construction, which is misleading and amounts to deficiency of services

& false warranties and therefore the samples of the RCC, brick masonry,

internal and external plaster need to examined to decipher its quality.

23. I say that we were advised by his community people that the Project as

stated herein above was to have a Jain temple, which was confirmed by

the representatives of the Opposite parties during the time of booking,

however the same doesn’t form a part of the said agreement, even

recently when we had enquired on the status of the same, to which we

did not receive a satisfactory reply and therefore we have every reason to

believe that the Opposite parties may not provide the same which was

one of the reasons for us to buy the said flat and such an act also

amounts to deceptive trade practice and executing unfair contracts. The

webpages of the various broking sites advertising the presence of Jain

 temple in the said project are hereto annexed and marked as Exhibit “J”

colly.

24. I say that we, through our Advocate have even sent a legal notice dated

09/04/2021 to the Opposite parties via speed post thereby specifically

demanding for the possession of the said flat and compensation from the

opposite parties, and the same has been received by the Opposite parties,

however all the communications have turned futile and till date there has

been no reply from the Opposite parties to the said notice. The office

copy of legal notice dated 09/04/2021 addressed to the Opposite Parties

is hereto annexed and marked as Exhibit “K” and Exhibit “L” is the

copy of postal slips/receipts and “L-1” colly. are the tracking reports as

on the India post website reflecting service of notice upon the Opposite

Parties.

25. I say that we have always made the payments according to the demands

and compliances of the opposite parties and till date we have paid Rs

1,16,18,954/- (One Crore Sixteen Lakhs Eighteen Thousand Nine

Hundred and fifty four only)(inclusive of taxes and TDS) as per the

ledger dated 15.05.2021 and the payment receipt/acknoweldgements of

the recent demands fulfilled by us, whereas after efflux of almost 4 years

from the date of booking and making payments of more than 60% of the
 total consideration amount, the complainants have been persuaded with

correspondences stating the approvals are yet to come or some other

evasive excuses.

26. I state that we have been staying on rent due to the delay in possession

and are facing hardships by changing our residence every 11 months or

on expiry of the license period, therefore we are entitled to receive the

rent paid by us during the period post the date of possession from the

opposite parties. Hereby we crave leave to refer and rely upon the Leave

and license Agreements as and when produced.

27. I say that the RCC Structure’s expected life is 60 to 75 years in ideal

condition. However, the bear RCC structure in the aforesaid Project is

standing for the last 10 years without any protection, deteriorating due to

direct exposure to climatic condition in the present case, this could be

the cause for accelerated structural deterioration of Reinforced Concrete,

(concrete deteriorates due to direct climatic exposure) thereby reducing

the structure’s life to 40 years for the home buyers this will be added

liability of major repairs in short span, which is again deficiency in

service and economic burden in future for major repairs upon me.

However, I say that the Opposite parties are liable to compensate for the

same, thereby refunding the structure’s cost of depleted life.

28. I state that again in the hope to get the possession at the earliest, we

made a payment of Rs 3,72,631 /- ( Three Lakhs Seventy Two Thousand

Six Hundred and Thirty one Only) to the opposite parties on 26.12.2020.

and further payments in the month of April and May, 2021 as per their

demands such that he is not treated as a defaulter, therefore we have

complied with terms as the said agreement, however the same is not

reciprocated by the opposite parties.

29. I say that every act on the part of the Opposite Parties is nothing but

cheating & deceiving large numbers of customers as the Opposite Parties

have already collected huge amount from the buyers and diverted funds

to other projects and thereby ignored to complete the said project on

time. I say that we have put our hard-earned money in the said project

anticipating that the Opposite Parties shall give the possession of the said

flat to me and accordingly we will have our own house, which being the

dream house for us, but purposely the Opposite Parties have avoided us

by giving false assurances to complete the project and handover the

possession.

30. I say that the Opposite parties have failed to deliver peaceful possession

of the flat despite a lapse of more than 4 years of booking the flat . I say

that we booked the flat in the year 2017 and have made substantial
 payment towards the consideration of the said flat. However, the

Opposite Parties have miserably failed to live up to the assurances made

by them of delivering the possession by June, 2018 later postponed to

June 2019.

31. I say that the opposite parties are responsible for deficiency in service

under section 2(11) of the Consumer Protection Act, 2019, whereby the

Opposite Parties by their acts of omission in not giving the peaceful

possession of the Flat to us, have put us under severe financial crises. I

say that we have been paying regular instalments towards the

consideration of the flat, however, possession of the said flat is yet to be

delivered to us.

32. I say that the Opposite Parties are responsible for carrying on their

business with “Unfair Trade Practice” under Section 2(47) of the

Consumer Protection Act, 2019, whereby unfair means have been used

by the Opposite Parties to deceive us and other home-buyers into

investing their hard-earned money in aforesaid project i.e. Omkar Alta

Monte- Tower B.

33. I say that the Opposite are liable for misleading advertisement under

section 2(28) thereby giving a false guarantee of construction of the flat

 along with amenities mentioned in the said agreement. I say that the

opposite parties have hopelessly failed to deliver their promises.

34. I say that the structure constructed by the opposite parties is of

substandard quality and also due to the change in the contractor from

L&T to a local one. I say that we upon visiting the project site observed

that building is not being constructed as per the standards promised and

that the quality of the final product is compromised, therefore amounting

to product liability and on this sole ground it is sufficient to prove the

deficiency of service on the part of the opposite parties as the

construction company was changed without informing prior to the

purchasers / homebuyers and herein to us.

35. I say that the opposite Parties have duped the buyers and embezzled our

hard earned money as it seems from their conduct and communication to

us that Opposite parties were never in the position to give the possession

of the said flat to us because the Opposite Parties have not obtained

appropriate sanctions / approvals from the concerned authorities with

respect to the said project, which is evident from the conversation via a

number of emails and more specifically an email dated 24.06.2019 sent

by an executive of the Opposite parties stating the status of construction

as 25th floor, wherein by this period the entire construction should have
 been completed and possession was to be handed over to the legitimate

homebuyers.

36. I say that the Opposite Parties have assured to deliver the said flat

somewhere in the month of June, 2018 which was revised/

amended/postponed to June, 2019 as per clause 28 of the said agreement

already annexed at Exhibit-D, however till today as mentioned earlier we

have not got the possession of the said flat from opposite parties as per

said agreement and therefore on such apparent negligence rather a

willful conduct which is done with well thought interests in order to

fetch unjustified consideration from people at large by doing mass

cheating.

37. I say that till today we have not received any compensation for the loss

occurred due to default of the opposite parties unreasoned and

unexplained delay in handing over the possession of the said flat, neither

are the opposite parties adjusting the interest to be paid for the default on

their end while raising further demands. It is worthy to consider that as

per the said agreement a penalty is charged on purchaser for non-

payment of installments on time, therefore the same shall be applicable

on opposite parties. We have constantly been communicating with the

representatives of opposite parties through mails and calls but no

 positive response rather false assurances are being received from the

opposite parties.

38. I say that we in the continuation of the above para are entitled for a total

rent of Rs 13,24,000/- (Rupees Thirteen Lakhs Twenty-four Thousand

only) (from July 2019 till June 2021) @Rs. 64,000/- per month for the

period of July 2019 to February 2020, Rs 47,000/- from March, 2020 to

March 2021 and currently @ Rs. 50,000/- and further as per the ready

reckoner rate of the same area/ location of the said project, we purchased

the flat until possession is handed over of the said flat as we are paying

rent in spite of paying substantial amount to the opposite parties in order

to fulfill our dream of having a house which has been shattered by the

acts of the opposite parties as we have almost paid the maximum part of

the consideration for the said flat, however we are forced to live in

rented house and are burdened with exorbitant monthly rent, hardships

of shifting from one place to another on expiry of our license period and

also paying heavy bank EMIs. All this has led to a financial burden on us

and therefore we are suffering from various ailments due to the constant

stress.
 39. I say that because of the negligent rather thoughtful intrigue of the

Opposite Parties as mentioned above, we have to beara huge amound of

monetary loss and mental agony.

40. I say that in the event of failure on part of the opposite to comply with

the terms agreed by and between opposite parties, we are entitled to

interest at the rate of 18% per annum on the amount already paid by the

purchaser (us) to the opposite parties. I say that the calculation of interest

at the rate of 18% on the amount paid by us more particularly provided

herein below:

41. Table 1.3

42. Particulars Amount in Rs. Interest calculated till

June, 2021 at the rate of

18% p.a.

Amount paid till the Rs. 1,09,62,181/- Rs. 39,46,385/-

promised date of

possession

i.e. June 2019

Amount paid on Rs. 3,75,299/- Rs. 33,684/-

20.12.2020

Amount paid on Rs. 93,825/- Rs. 3,609/-

12.04.2021

Amount paid on Rs. 1,87,649 Rs. 3,887/-

18.05.2021

Total (A) Rs 39,87,565/-

Amount paid as Stamp Rs 9,37,500 5,73,288/-

duty & Registration on

05.02.2018 (interest

calculated from date of

default)

(B)

GRAND TOTAL Rs. 45,60,853/-

A+B

43. I say that opposite parties have miserably failed and neglected to

complete construction, handover the possession of the flat and obtain

necessary approvals, certificates from the concerned authorities on time

44. I say that under the provisions of Maharashtra Ownership of Flats Act

(Regulation of the Promotion, Construction, Sale, Management and

Transfer), 1963 (“the MOFA”), once a service provider takes money

 from a consumer, the service provider is duty bound to fulfill its

obligations under the MOFA. We further state that the Real Estate

(Regulation and Development) Act, 2016 (the RERA) is even more

complying oriented.

45. I say that we are entitled to the Hon’ble Commissions order, directing

opposite parties to pay an amount of Rs 45,60,853/- Rs (Forty five Lakhs

Sixty Thousand Eight Hundred Fifty Three Only) as the interest paid on

consideration (inclusive of Stamp Duty, Registration Charges, Taxes &

TDS) at the rate of 18% thereon from the date of default or date of

payment, whichever is later, also rent paid for the accommodation since

the date of possession, compensation for the mental agonies caused due

to delay in handing over the possession of the said flats and the cost

incurred by us in filing this Complaint. It is stated that the amount

claimed against the opposite parties are provided herein in tabular

format:

46. Table 1.4

47. Particulars Amount (Rs)

Interest 39,87,565/-

Interest on Stamp duty and 5,73,288/-

registration
 Distress prerequisite/compensation 20,00,000/-

for mental agony

Legal Fees payable 1,00,000/-

Rent already paid as per the Leave 13,24,000/-

and License agreements (from July 2019 till June 2021)

Total 79,84,853/-

(Rupees Seventy-nine lakhs

Eighty-four thousand eight

hundred and fifty-three only)

48. I say that, aggrieved by the callous attitude of the Opposite Parties and

the sheer indifference demonstrated by them, we are constrained to

approach this Hon’ble Commission.

49. I say that we would like to approach this Hon’ble Court on the grounds

of deficiency of services, Unfair Trade Practice, misleading

Advertisement done to me by the opposite parties.

50. I say that under the circumstances our prayers as set out in the Complaint

shall be allowed in terms of prayer clause a to o of the Complaint.

Solemnly affirm at Mumbai )

Dated this ___day of January 2023. )

Advocates for the Complainant no 2

Complainant no 2

VERIFICATION

I, MRS. VINAL RITESH JAIN, above named, do hereby verify and state on

solemn declared that what is stated hereinabove is true to the best of my

knowledge, information and belief which I believe the same to be true and correct.

Solemnly declared at Mumbai )

On this day of _____ 2023, )

Identified by me:
Before me;

Advocates for the Complainant 2

BEFORE THE HON’BLE

STATE CONSUMER
DISPUTES REDRESSAL
COMMISSION MUMBAI.
C.C NO.174 OF 2021

MR. RITESH KUMAR

JAIN & Anr

…Complainants

Versus

ERA REALTORS PVT. LTD

& Ors.

…Opposite Parties

AFFIDAVIT OF EVIDENCE
Dated this ____ of January
2023

The Law Suits, Advocates for

Complainant ,Unit No. 413,

4th floor, Golden Chambers,

New Link Road, Opp. Tanishq
Jewellers, Andheri (West),
Mumbai-
400053,Web:www.lawsuits.in
EmailId:bhimani@thelawsuitin
Phone: +91 983363888/+91
2249612065