BEFORE THE
HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
SOUTH 24
PARGANAS
Baruipur, Kolkata – 700144
Consumer
Complaint No. 136 of 2025
IN THE MATTER OF:
Rajiv Kumar Singh,
& Anr.,
…
Complainants
-Versus-
M/s. Development Corporation Private Limited, & Ors.
…
Opposite Parties
EVIDENCE ON AFFIDAVIT
(On behalf of the Complainants)
AFFIDAVIT
Affidavit of Rajiv Kumar
Singh,
Son of Amar Kumar Singh, aged about _______years, by faith Hindu, by Occupation
Business, residing at Premises being no. 248, Motilal Gupta Road, Post Office –
Haridevpur, Police Station – Haridevpur, Pin – 700082, District South 24
Parganas, and presently residing at Flat No. 4D, Tower 16, Genexx Valley, Joka,
Kolkata – 700104, Mobile: 8961386682, Email: rksingh222@yahoo.co.in and Smt. Susmita Singh,
Daughter of Jay Prakash Narayan, aged about _____years, by faith Hindu, by
Occupation House Wife, residing at Premises being no. 248, Motilal Gupta Road,
Post Office – Haridevpur, Police Station – Haridevpur, Pin – 700082, District
South 24 Parganas, and presently residing at Flat No. 4D, Tower 16, Genexx
Valley, Joka, Kolkata – 700104, Mobile: 8961386682, Email: rksingh222@yahoo.co.in ;
We,
the above deponent do hereby solemnly affirm and declare as under :-
1. We are the
Complainants in the above-captioned Consumer Complaint and are fully acquainted
with the facts and circumstances of the present case. We are competent,
authorised, and legally entitled to swear this Evidence on Affidavit in support
of the complaint.
2. That the statements made in the
Consumer Complaint, including all annexures thereto, are true and correct to
our knowledge, derived from records maintained by us in the ordinary course of
our personal dealings, and believed to be true on legal advice. The contents of
the Consumer Complaint may be read and treated as part and parcel of this
affidavit, though not repeated herein for the sake of brevity.
3. That pursuant to our
application dated 23.02.2021, we were duly allotted D-Type Residential Apartment No. 406, situated on the 3rd
Floor, Zone-B1, Tower-B, in the housing project known as Solaris Joka Phase-1,
vide Allotment Letter dated 11.03.2021, along with the right to use
car/two-wheeler parking as specified therein.
4. That thereafter, an Agreement for Sale dated 02.05.2022 was executed between
us and the Opposite Parties, whereby the Opposite Parties unequivocally
represented and undertook to complete construction of the said apartment and
deliver peaceful and vacant possession thereof to us on or before 30.11.2023.
5. That the total consideration
price for the said apartment was fixed at Rs.
29,81,742/-, inclusive of GST and all applicable charges. In
compliance with the demands raised by the Opposite Parties, we paid an
aggregate sum of Rs. 29,98,074/-,
which includes an excess payment of Rs. 16,332/-
over and above the agreed consideration.
6. That the entire consideration
amount was paid partly from our own funds and partly through housing loans
disbursed by ICICI Bank and HDFC Bank. The Opposite Parties accepted all such
payments without any demur, objection, or reservation.
7. That notwithstanding receipt of
the entire consideration amount and excess payment, the Opposite Parties failed
and neglected to hand over possession of the said apartment within the
stipulated time or even thereafter, and also failed to execute and register the
Deed of Conveyance in our favour.
8. That in May 2025, upon express
demand raised by the Opposite Parties, we deposited a sum of Rs. 1,15,590/- towards stamp duty and registration
charges with the Government authority concerned. Despite such payment having
been duly communicated, the Opposite Parties deliberately abstained from taking
steps for execution and registration of the Deed of Conveyance.
9. That the Opposite Parties
further collected advance maintenance charges
amounting to Rs. 25,771/- from us on 02.01.2025, even though
possession of the apartment was never delivered and no maintenance services
were rendered to us.
10.
That
despite repeated written requests and email communications, the Opposite
Parties wilfully denied us access to the project site and did not permit
inspection of the apartment or verification of construction status, even after
receipt of the entire consideration amount, which conduct is arbitrary,
unjustified, and lacking in transparency.
11.
That
due to the inordinate and unexplained delay in delivery of possession, we have
been subjected to continuous mental agony, harassment, and severe financial
hardship, including the burden of servicing housing loans without deriving any
benefit from the apartment for which payments were made.
12.
That
being left with no alternative, we caused issuance of an Advocate’s Notice
dated 14.07.2025, calling upon the Opposite Parties to hand over possession,
execute and register the Deed of Conveyance, refund excess amounts, and
compensate us for the losses suffered. The Opposite Parties failed to comply
and instead issued evasive and untenable replies without addressing the core
issues.
13.
That
the acts, omissions, and conduct of the Opposite Parties constitute gross deficiency in service, unfair trade practice, and clear breach of contractual obligations, rendering them
liable under the provisions of the Consumer Protection Act, 2019.
14.
That
the Photostat copy of the Agreement for Sale
dated 2nd May, 2022, executed between the Complainants and the
Opposite Parties in respect of D-Type Residential Apartment No.
406, Tower-B, Zone-B1, Solaris Joka Phase-1, is annexed to the
Consumer Complaint and this affidavit and marked as Annexure – “A”. The said document clearly records the
contractual obligations of the Opposite Parties, including the agreed
consideration, specifications of the apartment, and the stipulated date of
delivery of possession, and is therefore a material document for adjudication
of the present dispute.
15.
That
the Photostat copy of the Allotment Letter dated
11.03.2021, issued by the Opposite Parties in favour of the
Complainants, is annexed and marked as Annexure – “B”.
The said Allotment Letter establishes the initial allotment of Apartment No.
406 along with parking rights and conclusively proves the relationship of
consumer and service provider between the Complainants and the Opposite
Parties.
16.
That
the Photostat copy of the Payin Draft bearing No.
733878 dated 04.06.2025, drawn on HDFC Bank for a sum of Rs. 2,72,064/-, together with the Customer Ledger dated 21.05.2025 issued by the Opposite
Parties, are annexed collectively and marked as Annexure
– “C”. The said documents clearly demonstrate the payments made
by the Complainants towards the final disbursement and also establish that the
Complainants have paid amounts in excess of the agreed consideration.
17.
That
the Photostat copy of the GRIPS 2.0
Acknowledgment Receipt / Payment Summary dated 12.05.2025,
evidencing payment of Rs. 1,15,590/-
towards stamp duty and registration charges, is annexed herewith and marked as Annexure – “D”. The said document proves that the
Complainants acted strictly in compliance with the demand raised by the
Opposite Parties and discharged their statutory obligations, despite the
Opposite Parties’ failure to execute and register the Deed of Conveyance.
18.
That
the Photostat copy of the Email dated 10.05.2025,
issued by the Opposite Parties calling upon the Complainants to make payment of
stamp duty and registration charges, is annexed and marked as Annexure – “E”. The said email establishes that the
demand for stamp duty and registration emanated from the Opposite Parties
themselves and that the Complainants acted pursuant thereto.
19.
That
the Photostat copies of email communications
exchanged between the parties, whereby the Complainants
repeatedly sought permission to visit the project site and inspect the
construction status of the apartment, are annexed collectively and marked as Annexure – “F”. The said communications clearly show that
despite full payment having been made, the Opposite Parties deliberately denied
site inspection, thereby acting in an arbitrary and non-transparent manner.
20.
That
the Photostat copy of the Advocate’s Legal Notice
dated 14.07.2025, along with postal receipts and track
consignment reports evidencing service upon the Opposite Parties, are annexed
collectively and marked as Annexure – “G”.
The said documents establish that the Complainants made a final lawful demand
seeking possession, execution of conveyance, refund, and compensation, prior to
instituting the present consumer complaint.
21.
That
the Photostat copy of the reply letter dated
22.07.2025 issued by the Opposite Party, together with the
postal envelope, is annexed collectively and marked as Annexure – “H”. The said reply demonstrates the evasive
stand taken by the Opposite Parties, denial of their contractual obligations,
and failure to provide any justification for non-delivery of possession or
non-registration of the Deed of Conveyance.
22.
That
the Photostat copy of the rejoinder dated
01.08.2025 issued by the Complainants through their Advocate,
along with the reply dated 13.08.2025
sent by the Opposite Parties, are annexed collectively and marked as Annexure – “I”. The said correspondence conclusively
proves that despite repeated opportunities, the Opposite Parties failed to
rectify their defaults, thereby compelling the Complainants to approach this
Hon’ble Commission.
23.
That
the documents annexed to the Consumer Complaint and relied upon in this
Evidence on Affidavit, being Annexure “A” to Annexure “I”,
are true photocopies of their respective originals and are essential for the
just and effective adjudication of the present consumer dispute.
24.
That
the Complainants most respectfully pray that this Hon’ble Commission may be
pleased to take the said Annexures on record
and mark them as Exhibits, and read the same in evidence in
support of the Consumer Complaint.
25.
That
the Opposite Parties have duly entered appearance in the present Consumer
Complaint. It is stated that Opposite Party Nos. 1 and 2 have filed their
Written Version jointly, while Opposite Party Nos. 3 and 4 have filed their
Written Versions separately. The Consumer Complainants are now dealing with and
replying to the averments, allegations, and statements contained in the said
Written Versions, strictly without prejudice to one another, and save and
except what is herein specifically admitted, all other statements made therein
are denied and disputed. The replies of the Complainants to the respective
Written Versions of the Opposite Parties are set out hereunder.
26.
That
the Complainants state that Opposite Party Nos. 1 and 2 have filed their Written
Version in the present Consumer Complaint, the statements, averments, and
contentions whereof are false, misleading, evasive, and contrary to the
documents on record. Save and except what are matters of record, the
Complainants deny each and every allegation made therein. The pleas taken by
Opposite Party Nos. 1 and 2 seeking to disclaim liability on the ground that
they are mere landowners, not developers, or not service providers, are wholly
untenable in law and fact, inasmuch as Opposite Party Nos. 1 and 2 are
consenting and confirming parties to the Agreement for Sale dated 02.05.2022,
have authorized development and sale of the project “Solaris Joka Phase-1,”
have derived direct commercial benefit therefrom, and are jointly and severally
responsible for delivery of possession and execution of the Deed of Conveyance.
The objection raised on the basis of the arbitration clause is misconceived, as
the jurisdiction of this Hon’ble Commission under the Consumer Protection Act,
2019 is independent, additional, and not ousted by the Arbitration and
Conciliation Act, 1996. The denials regarding receipt of consideration, delay
in handing over possession beyond 30.11.2023, demand and acceptance of stamp
duty, registration charges and advance maintenance, denial of site inspection,
and failure to execute and register the Deed of Conveyance are contrary to the
documentary evidence already exhibited by the Complainants. The Written Version
of Opposite Party Nos. 1 and 2 being vague and evasive, amounts to admission of
material facts, and clearly establishes deficiency in service and unfair trade
practice on their part. The Complainants therefore reiterate and reaffirm all
statements, averments, and prayers made in the Consumer Complaint, which may be
read as an integral part of this Evidence on Affidavit.
27.
That
the Complainants state that Opposite Party Nos. 3 and 4 have filed their
respective Written Versions in the present Consumer Complaint, the contents
whereof are false, misleading, self-contradictory, and deliberately evasive,
and are therefore denied save and except what are matters of record. It is
specifically denied that the Complainants committed any default in payment or
are disentitled to relief. Opposite Party No. 3 has admitted being the
Developer/Promoter of the project and execution of the Agreement for Sale dated
02.05.2022, and Opposite Party No. 4 has throughout acted as the authorized
signatory and representative of Opposite Party No. 3 and actively participated
in the transaction; hence both are jointly and severally liable for performance
of contractual and statutory obligations. The plea that the Complainants
delayed payments or are liable to pay interest is false and is belied by the
admitted fact that the Complainants have paid a total sum of Rs. 29,98,074/-,
which exceeds the agreed consideration, resulting in an excess payment which
has neither been refunded nor adjusted. The Opposite Parties’ demand and
acceptance of advance maintenance charges, stamp duty, and registration fees
conclusively establish that the apartment was treated as ready for possession,
yet possession has not been handed over even after the contractual possession
date of 30.11.2023. The denial of site inspection, failure to execute and
register the Deed of Conveyance, and continued withholding of possession
constitute gross deficiency in service and unfair trade practice. The objection
based on the arbitration clause and other preliminary pleas raised by Opposite
Party Nos. 3 & 4 are misconceived in law and are rejected. The Written
Versions of Opposite Party Nos. 3 and 4 being vague and evasive, deserve no
credence, and the Complainants reiterate all averments and prayers made in the
Consumer Complaint, which may be read as an integral part of this Evidence on
Affidavit.
28.
That
the Written Versions filed by the Opposite Parties are vague, evasive, and
mutually inconsistent, and are intended only to delay and defeat the legitimate
claims of the Complainants. The Opposite Parties have failed to disclose any
lawful justification for the prolonged delay, nor have they produced any
documentary evidence to support their allegations against the Complainants. The
Complainants reiterate and reaffirm all statements, averments, and prayers made
in the Consumer Complaint, which may be read as an integral part of this
Evidence on Affidavit, and deny all contrary assertions made by the Opposite
Parties.
29.
That
we reserve our right to rely upon additional documents and materials, if so
required, at the time of hearing with the leave of this Hon’ble Commission.
30.
That
the statements, averments, and factual assertions contained in the Consumer
Complaint / Application filed before this Hon’ble Commission, together with all
annexures and documents appended thereto, are true and correct to our knowledge,
derived from records maintained by us in the ordinary course of events and from
personal dealings with the Opposite Parties, and are believed by us to be true
on the basis of legal advice received. The contents of the said Consumer
Complaint have not been reiterated herein for the sake of brevity; however, the
same may be read, construed, and treated as an integral and inseparable part of
this Evidence on Affidavit for all purposes whatsoever.
DEPONENTS
Verification
We,
the above named deponent do hereby solemnly verify that the contents of our
above affidavit are true and correct to our knowledge, and no part of it is
false and nothing material has been concealed therein. Verified this ………….the
day of …………….2026, at Baruipur, South 24 Parganas.
DEPONENTS
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
:………………………………2026.
Place
:Baruipur, South 24 Parganas.
N O T A R Y
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