-1BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM BANGALORE URBAN DISTRICT, BANGALORE

Complaint No.

/2016

Between:
Mr. Viswanath Dibbur,
S/o D.R. Sathyanarayana Rao,
residing at #798/30, First floor, 36A Cross,
20th Main, 4th T Block, Jayanagar,
Bangalore 560011

..........

Complainant

And:
The Managing Director,
Nitesh Estates Limited,
Regd. Office: Level 7, Nitesh Timesquare,
# 8, M.G. Road, Bangalore 560058

.......... Opposite Party

MEMORANDUM OF COMPLAINT FILED UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT, 1986
The Complainant humbly states as follows:
1.The addresses of the Parties for the purpose of service of Court
Notices, summons etc. are as shown in the cause title. The
Complainant is represented by M/s Sowmya & Associates, Advocates
& Solicitors, Plot No. 22, Ground Floor Office, 3 rd Cross, 6th Main,
N.R. Colony, Bangalore-560019.
2. The Opposite Party is one of the prominent Real Estate Developers
in Bangalore City and claims to be one of Indias most well recognized
luxury real estate brands known for superior designs, ability and
dedication to execute on their projects and deliver upon all their
commitments.

3. Induced by the tall claims, advertising and marketing of the

Opposite Party, the Complainant booked 2 apartments, No. B0704

-2and No. D0804 in one of the Apartment Projects of the Opposite

Party, named Nitesh Virgin Island on 29th November 2014 by paying
an advance of Rs. 6,00,000/-. An extract from the website of the
Opposite Party and brochure of the Nitesh Virgin Island Project is
produced and marked as Annexure A. The invoice issued by the
Opposite Party to the Complainant for having paid Rs. 3,00,000/each, totally Rs. 6,00,000/- (Rupees Six Lakhs only) is produced and
marked as Annexure B.

3.

At the time of booking of the supra stated 2 Apartments, the

Opposite Party informed the Complainant that Nitesh Virgin Island

project was scheduled to commence during March 2015. However,
this project showed no signs of commencement even after several
months after the scheduled commencement date. The Complainant
constantly kept in touch with the Opposite Party to get clarity on
commencement of the project as they have invested huge sum of
money, and, though even the Opposite Party agreed that the project
had been unduly delayed, they could not confirm the commencement
date.

4.

As the Opposite Partys Nitesh Virgin Island project showed no

signs of starting even after almost a year of booking the apartment,

the Complainant cancelled the bookings of the above stated 2
apartments on 9th November 2015 and requested for refund of
advance amount of Rs. 6,00,000/- paid by him. The Copy of the
email dated 09.11.2015 cancelling the booking of the 2 Apartments is
produced and marked as Annexure C.

5.

The Complainant submits that in the month of May 2016, he

made a telephone call to the office of the Opposite Party to follow up

on the issue of refund. One of the employees of the Opposite Party,
Mr. Udaysinha G Zanzaney, informed the Complainant that the

-3Management of the Opposite Party Company had taken a decision to

refund the booking amounts of Nitesh Virgin Island Project. However,
the Complainant did not receive his refund amount.

6.

The Complainant submits that he made another follow-up call to

the Opposite Party Company on 22.7.2016, during which the

General Manager Sales of the Opposite Party Company, Mr. Neeraj
Mehrotra, offered an alternate option of purchasing an apartment in
any of the other projects of the OP Company. The Complainant
informed the General Manager Sales of the OP Company that he
could not afford the alternate option. In fact the Complainant had
decided to invest in the Project as he had liked the location of the
Apartment.
7.

The Complainant submits that he made several requests to the

OP to refund the booking amount of Rs. 6,00,000/- but despite

several reminders and correspondence, till date, he has not received
refund of his booking amount. Some of the email correspondences
between the Complainant and the Opposite Party in this regard are
produced and marked as Annexure D.

8. The Complainant submits that the illegal and unethical conduct

of the Opposite Party in not refunding the amount of Rs. 6,00,000/has caused immense hardship and agony to him as he has invested a
huge sum of money trusting the Opposite Party. After cancellation of
the booking of the said 2 apartments, the Complainant has
purchased a home elsewhere and is in urgent need of the refund
amount to fulfil his financial commitments.

9. A Legal Notice dated 31st August 2016 was sent by Registered Post
to the OP. The copy of Legal Notice and acknowledgment are marked
as Annexure E. Till date there has been no reply to the Legal Notice
nor has the booking amount been refunded.

-410.

In view of the foregoing facts, the Opposite Party has committed

a serious act of deficiency of services. Hence, this Complaint.

11. The Complaint is filed within limitation.
12. The required Court fee is paid herewith on the above Complaint.

PRAYER
Wherefore the Complainant humbly prays that this Honble
Forum be pleased to:
a.Direct the Opposite Party to refund the booking amount of Rs.
6,00,000/- with 18% interest from November 2015, being the date of
cancellation;
b. Direct the Opposite Party to pay the cost of the proceedings and

c. Direct the Opposite Party to pay a compensation of Rs. 2,00,000/for mental agony;
d. Any other order/s as deemed fit to be granted in the facts and
circumstances of the case.

Dated:

COMPLAINANT

Bangalore
ADVOCATE FOR COMPLAINANT

VERIFICATION

-5I, Viswanath Dibbur, the Complainant do hereby verify and declare

that what is stated above is true to the best of my knowledge and
belief.

Dated:
Bangalore

COMPLAINANT

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM BANGALORE URBAN DISTRICT, BANGALORE

Between:
Viswanath Dibbur,

..........

Complainant

And:
Nitesh Estates Limited

.......... Opposite Party

LIST OF DOCUMENTS

-61. Copy of website extract of the OP Company and brochure of the

2.
3.
4.
5.
6.

Nitesh Virgin Island Project.

Copy of 2 Invoices dated 25.11.2014 issued by the OP.
Copy of cancellation email dated 09.11.2015.
Copy of email correspondence between Complainant and OP.
Copy of Legal Notice dated 31.8.2016.
Copy of Postal Acknowledgment

Dated:
Bangalore

ADVOCATE FOR COMPLAINANT