IN THE COURT OF CIVIL JUDGE, (SENIOR DIVISION) AT DHANBAD

CIVIL SUIT NO. OF 2018

IN THE MATTER OF:-

SHIVESH SHARMA ……PLAINTIFF

VERSUS

M/s. EARTHCON INFRASTRUCTURE PVT LTD. .... DEFENDANT

MEMO OF PARTIES

SHIVESH SHARMA,
S/O DR. SHISHIR SHARMA
R/O RLY. QRT No.- 204,
RAILWAY COLONY, RANGATAND,
DHANBAD,
JHARKHAND, ,
826001

PLAINTIFF
VERSUS

M/s. EARTHCON INFRASTRUCTURE PVT LTD.

26 1st Floor, Pussa Road,
Adjacent to Karol Bagh Metro Station,
New Delhi-110005.
DEFENDANT

PLAINTIFF

THROUGH

DHANBAD:
DATED: FEBRUARY ADVOCATE
SUDHIR SINHA.
MANATAND, MADIGODOWN,
DHANBAD
MOBILE: 7485075009

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 INDEX

S.No. PARTICULARS C.FEE PAGE NO.

1 MEMO OF PARTIES
2 CIVIL SUIT
3. LIST OF DOCUMENTS ALONGWITH
DOCUMENTS
6.. VAKALATNAMA

PLAINTIFF

THROUGH

DHANBAD:
DATED: FEBRUARY ADVOCATE
SUDHIR SINHA.
MANATAND, MADIGODOWN,
DHANBAD
MOBILE: 7485075009

IN THE COURT OF CIVIL JUDGE, (SENIOR DIVISION) AT DHANBAD

CIVIL SUIT NO. OF 2018

IN THE MATTER OF:-

SHIVESH SHARMA ……PLAINTIFF

VERSUS

M/s. EARTHCON INFRASTRUCTURE PVT LTD. .... DEFENDANT

LIST OF DOCUMENTS
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 S.No. PARTICULARS C.FEE PAGE NO.
1 ANNEXURE P1

2 ANNEXURE P2

3. ANNEXURE P3
4 ANNEXURE P4

5. ANNEXURE P5

6.. ANNEXURE P6

7. ANNEXURE P7

8. ANNEXURE P8

9. ANNEXURE P9.

10. ANNEXURE P10.

11. ANNEXURE P11.

12. ANNEXURE P12

13. ANNEXURE P13.

PLAINTIFF

THROUGH

DHANBAD:
DATED: FEBRUARY ADVOCATE
SUDHIR SINHA.
MANATAND, MADIGODOWN,
DHANBAD
MOBILE: 7485075009

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 IN THE COURT OF CIVIL JUDGE, (SENIOR DIVISION) AT DHANBAD

CIVIL SUIT NO. OF 2018

IN THE MATTER OF:-

SHIVESH SHARMA ……PLAINTIFF

VERSUS

M/s. EARTHCON INFRASTRUCTURE PVT LTD. .... DEFENDANT

CIVIL SUIT UNDER ORDER XXXVII OF CODE OF CIVLI

PROCEDURE FOR RECOVERY FOR AMY AMOUNT OF

RS………………….. ALONGWITH INTEREST

Most Respectfully Showeth: -

1. That the Plaintiff is filing the present summary suit under order

XXXVII of Code of Civil Procedure 1908 seeking relief for money

decree against the defendant, thereby directing the defendant to

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 pay a sum amounting to Rs ………………. Along with pendente lite

interest @ 18% p.a. to the plaintiff.

2. That the plaintiff had appointed Dr. Shishir Sharma as his lawful

attorney vide general power of attorney dated …………. February

2018 to file the present suit as he is aware of the entire facts and

circumstances of the present case. (The copy of power of attorney

dated 03rd October 2016 is annexed herewith as Annexure-P/1.)

3. That the defendant herein is a body corporate, a Pvt. Lt. Company

alleged to be incorporated under companies Act 1956 having regd.

Office at 26 1st Floor, Pussa Road, Adjacent to Karol Bagh Metro

Station, New Delhi-110005, and claimed to be involved in

construction and development of residential and commercial

properties in or around the national capital region, Delhi.

4. That the brief facts arising for the filing of present civil suit are

hereinafter mentioned.

5. That the defendant had advertised through various

advertisement agency for development of one commercial

projects namely “EARTH TITANIUM STUDIOS” within the non

processing area of notified “SEZ, at TZ-06, Tech Zone, Greater

Noida, Gautam Budh Nagar, Uttar-Pradesh” and claimed and

assured that the said project was situated in prime location of

Greater Noida, Uttar-Pradesh, and nearby area is going to be

developed rapidly in near future. They further assured that the

said project is guaranteed by monthly assured return @ more

than 12% per annum.

6. That believing to be true on it`s representation, the plaintiff

decided to proceed ahead with the projects and accordingly the

plaintiff had paid Rs 4,42,000/- (Rupee Four lakh Forty two

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 thousand only) under Construction linked payment plan of

Developers against the total value of unit of Rs 22,95,000/-

7. That the details of aforesaid payment which was dully receipt and

acknowledged by defendant in tabular forms are bellows.:-

( Copy of payment receipt is annexed as Annexure-P/2 (Colly.))

S. Cheque Amount date Drawn on

No. No.
1 706486, Rs 75,000/- 03rd July State Bank of
2014 India,
Dhanbad,
2. 706490, Rs 21st State Bank of
1,46,000/- August India,
2014 Dhanbad
3. 706495, Rs 03rd March State Bank of
2,21,000/- 2015 India, Hirapur,
Dhanbad
Total Rs 4,42,000

8. That to the shock to the plaintiff, the defendant instead of

issuance of allotment letter with respect to aforesaid payment,

without any intimation unilaterally and illegally terminated the

contract. However, after negotiation , the authorized official of

defendant falsely assured the plaintiff that said letter is mere

formalities and the contract will be revived soon as per policy and

letter to this effect will be issued by the Developer at the earliest.

9. That it is submitted that even after expiry of more than 08

months and consistent persuasion, the defendant did not issue

any letter for revival of said contract.

10. That it is worthwhile to mention here that even the construction

work has not started at site even at the end of December 2015

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 whereas the Defendant claimed that the possession would be

handed over on or before September 2015.

11. That since the construction work had not started at site, the

plaintiff decided to surrender the aforesaid bookings and

accordingly requested for refund the amount as paid towards

registration and aforesaid booking as per Defendant`s Policy.

12. That the plaintiff, accordingly, had complied the entire

formalities for refund in the months of January 2016, however

the Defendant after great persuasion had issued four cheques

towards aforesaid refunds in the year 2017, without any interest.

The plaintiff had accepted the aforesaid cheque under protest.

The details of cheques (copy enclosed) are as given below :-

S. Cheque Amount date Drawn on

No. No.

1 327928 Rs 25.02.2017 Axis Bank

1,00,000/- Ltd,

Pitampura,

New Delhi

2. 327929 Rs 25.03.2017 Axis Bank

1,00,000/- Ltd,

Pitampura,

New Delhi

3. 327930 Rs 25.04.2017 Axis Bank

1,00,000/- Ltd,

Pitampura,

New Delhi

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 4. 327931 Rs 25.05.2017 Axis Bank

1,42,000/- Ltd,

Pitampura,

New Delhi

13. That it is not out of context to mention herein that the Defendant

assured the plaintiff that the aforesaid cheques would be

honored after it`s presentation.

14. That it is submitted that first two cheques had been honored by

defendant bankers whereas the last two cheques of Rs 1,00,000/-

and Rs 1,42,000/- (total amounting to Rs 2,42,000/-) were

dishonored by the Defendant`s banker for the reasons “Account

Closed” vide memo dated 26th April 2017 and 18 August 2017

respectively. ( The Copy of cheques along with Bank memo are

annexed herewith as Annexure-P/4)

15. That the aforesaid circumstances sufficiently established the

facts that the defendant had the liability to pay Rs 2,42,000/-

(Rupee Two lakhs and forty thousand) without any demur and

protest to the plaintiff.

16. That it is humbly submitted that the plaintiff had not sought any

relief through this plaint which were not fall under the purview

under order XXXVII of Code of Civil procedure 1908.

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 17. That the cause of action for filing the present suit arose for the

first time arose July 2014 when the plaintiff had made payment

to defendant towards the booking of aforesaid flat. The cause of

action further arose when defendant surrendered the aforesaid

booking and defendant issued 04 cheques to the plaintiff towards

refund of booking amount. The cause of action further arose on

25.04.017 and 25.05.2017 when the defendant was informed

about the dishonor of cheque by the defendant`s banker. That

the cause of action still continuing in favour of the plaintiff and

against the defendant as the defendant has still not paid the

amount of Rs 2,42,000/- (Two lakhs Forty two thousand) and still

liable to pay the same to the plaintiff.

18. That the value for the purpose of suit for money decree and

jurisdiction, the present suit is valued at Rs………..,/- and ad

valorem Court fee of Rs……………. has been paid on the plaint.

The Plaintiff further undertakes to pay the additional court fee as

per court fees Act as and when ordered by this Hon`ble Court.

19. That as the Plaintiff`s banker is situated at Dhanbad and

transaction took place in Dhanabad, and hence part of cause of

action has occurred within the territorial jurisdiction of this

Hon`ble Court, . Hence, this Hon’ble court has territorial as well

as pecuniary jurisdiction to entertain and try the present suit.

PRAYER

In the facts and circumstances stated herein before, it is most

respectfully prayed before this Hon’ble court may be pleased to:

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 A) Pass an order thereby directing the respondent/Opp. party to

pay sum amounting to Rs 2,40,000/- ( Two lacs Forty

thousand) as principal amount along with interest @ 18% p.a.

till the date of it`s realization to complainant.

B) Grant compensation of Rs 10,00,000/- ( Rupees Ten lacs only)

to the complainant on account of mental agony suffered by

the complainant as well loss of opportunity to own the flat in

the greater Noida, Uttar-pradesh and cost escalation.

C) Grant costs along with of the present complainant in favor of

the complainant; and

D) Pass any other or further order(s) of this Hon`ble Court may

deem fit and proper.

VERIFICATION:
Verified that the contents of the above-mentioned paragraphs
………………of the plaint are true and correct to best of my knowledge and
belief and the last paragraph is the prayer.
Verified at Dhanabd on___________

PLAINTIFF

THROUGH

DHANBAD:
DATED: FEBRUARY ADVOCATE
SUDHIR SINHA.
MANATAND, MADIGODOWN,
DHANBAD
MOBILE: 7485075009

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 IN THE CONSUMER DSIPUTE REDRESSAL FORUM VIII, ISBT KASHMIRI
GATE, AT DELHI

C.C. NO. OF 2018

IN THE MATTER OF:-

SHIVESH SHARMA ……PLAINTIFF

VERSUS

M/s. EARTHCON INFRASTRUCTURE PVT LTD. .... DEFENDANT

AFFIDAVIT

I, DR. SHISHIR SHARMA, S/o ………………… R/O RLY. QRT No.-

204, RAILWAY COLONY, RANGATAND,DHANBAD, JHARKHAND,
826001 duly appointed attorney of plaintiff ,presently at Delhi do
hereby solemnly affirm and declare as under:-

1. That the deponent is the duly appointed attorney of complaint and

is fully aware of the facts and circumstances of the case and
competent to swear this affidavit.

2. That the contents of the consumer complainant have been drafted

by my counsel under my instruction and the same may kindly be
read as part and parcel of this affidavit and the same have been read
over and explained to me in vernacular. The same are not
reproduced herein for the sake of brevity.

Deponent
VERIFICATION :-

Verified at Delhi on this …………… day of April 2018, that

the contents of the above affidavit are true and correct and no part of it is
false.

Deponent

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 VAKALATNAMA
BEFORE THE CONSUMER DISPUTE REDRESSAL FORUM VIII , AT I.S.B.T., KASHIMIRI GATE
AT DELHI

C.C. . NO . ….. OF 2018

In re:
SHIVESH SHARMA . Plaintiff
/Appellants/Petitioner/
Complainant

VERSUS

Defendant/Respondent/Accused
M/S. EARTHCON INFRASTRUCTRE PVT. LTD.

KNOW ALL to whom these present shall come that I, DR. SHISHIR SHARMA, S/o
…………………………, R/O :- RLY. QRT No.- 204, RAILWAY COLONY,
RANGATAND,DHANBAD, JHARKHAND, 826001 duly appointed attorney of plaintiff. The
above named Plaintiff , do hereby appoint

Sudhir Kumar Sinha ( Adv.) D/1249/2005, A-14, LOWER GROUND FLOOR, NEW
FRIENDS COLONY, DELHI 110065 - 7485075009

herein after called the advocate/s) to be my/our Advocate in the above noted case
authorized him :-
To act, appear and plead in the above-noted case in this Court or in any other
Court in which the same may be tried or heard and also in the appellate Court including
High Court subject to payment of fees separately for each Court by me/ us.
To sign, file verify and present pleadings, appeals cross objections or petitions for
execution review, revision, withdrawal, compromise or other petitions or affidavits or
other documents as may be deemed necessary or proper for the prosecution of the said
case in all its stages.
To file and take back documents to admit and/or deny the documents of opposite
party.

To withdraw or compromise the said case or submit to arbitration any differences

or disputes that may arise touching or in any manner relating to the said case.To take
execution proceedings.

The deposit, draw and receive money, cheques, cash and grant receipts thereof
and to do all other acts and things which may be necessary to be done for the progress
and in the course of the prosecution of the said case.
To appoint and instruct any other Legal Practitoner, authorizing him to exercise
the power and authority hereby conferred upon the Advocate whenever he may think it
to do so and to sign the Power of Attorney on our behalf.

And I/We the undersigned do hereby agree to ratify and confirm all acts done by
the Advocate or his substitute in the matter as my/our own acts, as if done by me/us to
all intents and purposes.
And I/We undertake that I / we or my /our duly authorized agent would appear in the
Court on all hearings and will inform the Advocates for appearance when the case is called.

And I /we undersigned do hereby agree not to hold the advocate or his substitute
responsible for the result of the said case. The adjournment costs whenever ordered by
the Court shall be of the Advocate which he shall receive and retain himself.

And I /we the undersigned do hereby agree that in the event of the whole or part
of the fee agreed by me/us to be paid to the Advocate remaining unpaid he shall be
entitled to withdraw from the prosecution of the said case until the same is paid up. The
fee settled is only for the above case and above Court.

I/We hereby agree that once the fee is paid. I /we will not be entitled for the refund
of the same in any case whatsoever. If the case lasts for more than three years, the
advocate shall be entitled for additional fee equivalent to half of the agreed fee for every
addition three years or part thereof.
IN WITNESS WHEREOF I/We do hereunto set my /our hand to these presents the
contents of which have been understood by me/us on this th day of February 2018.

Accepted subject to the terms of fees.

Advocate Client

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