LAW CENTRE- II

FACULTY OF LAW, UNIVERSITY OF

DELHI

SUMMER INTERNSHIP REPORT

Case Diary
(02.07.2018 – 8.08.2018)

Submitted by:
Arpit Chaudhary
Class Roll No. - 167584
Examination Roll No. - 162026
Section - F
LL. B 3rd Year
(2016-2019)
 ACKNOWLEDGEMENT

Before submitting my detailed report/diary on internship, I find an

opportunity to place on record my warm gratitude towards Dr. Ved
Kumari, Head and Dean of Faculty of Law, University of Delhi, Madam
Nidhi Minz our respected teachers to encourage us towards internship
and how to perform our duty under internship.
I Arpit Chaudhary, Studying in Law Centre - II, Faculty of Law,
University of Delhi, would like to thank my mentor for providing me
with such an opportunity. This internship wouldn’t have been possible
without the guidance of my Mentor Adv. Rakesh Chaudhary. I would
also like to thank my Respected Parents for supporting me throughout. It
was truly a great learning experience.

Arpit Chaudhary
LLB 3rd Year
Class Roll No. 167584
Examination Roll No. 162026
Section F
 IMPORTANCE OF LEGAL INTERNSHIP

This report examines the internship program with Advocate Rakesh Chaudhary
which started from 02.07.2018 to 08.08.2018 has immensely been a commendable
learning experience for me. The internship delivered me insight look of the society
through the medium of court practice, where I dealt with people directly to look
into their problems under the guidance of my senior and other associates with the
help of them I was able to complete my internship with an excellent learning
experience. I visited District courts such and High Court as per the different
matters fixed in courts in daily routine.

There is rule of law in our society followed in courts, is an aspect equality the law
which suggest that no person is above law and that every person, whatever be his
rank or condition, is subject to jurisdiction of ordinary courts.

Rule of law requires that no person shall be subject to harsh, uncivilized or

discriminatory treatment even when the object is the securing of paramount
exigencies of law and order.

Internship is an important part of academic curriculum because they help one again
practical knowledge and experience required to excel in their respective fields.
Legal internship is not an exception to this rule. Legal internships help law
students to decide their respective areas of interest out a plethora of opportunities
offered by legal education be it a career in a corporate law firm, litigation,
academics or working for NGOs.

1. Internship is one of the modes of practical training in the sphere of legal

education. Apart from the moots, legal aid and legal writing it forms the core
component of practice acquisition and assimilation of law teaching syllabus
for the students.

2. The process of internship provides the students with an opportunity to study

and examine the structure and behavior of organizations. It shows to them
the nature of legal framework of the institutions and concerned issues.
 Students get the benefit of an exposure to law in action rather than law in
books (as acquired in class rooms) and thus help them in due acquisition of
legal expertise.

Internship with Advocate Rakesh Chaudhary

ACKNOWLEDGMENT

I have received help and encouragement from my parents and number of people on
completing this report and would like to take this opportunity to thank them all.

It is my proud privilege to express my sincere gratitude to Advocate Rakesh

Chaudhary under whose shadow and guidance I have successfully completed my
internship. I am also thankful to the entire law faculty for inspiring guidance,
supervision, expert suggestion & encouragement which helped me to tide over the
hardship encountered during study.

This report examines the internship program with Advocate Rakesh Chaudhary.
My internship with het started from 02.07.2018 to 08.08.2018 has immensely been
a commendable learning experience for me. The internship delivered me insight
look of the society through the medium of court practice, where I dealt with people
directly to look into their problems under the guidance of my senior and other
associates with the help of them I was able to complete my internship with an
excellent learning experience. I visited different District Courts, High Court as per
the different matters fixed in courts in daily routine. Where I got an opportunity to
appear before the Hon’ble Judges and Magistrates and also to interact with the
prisoners and to know the reason for the commission of their crime and prisoner’s
that seek to utilize the rehabilitative opportunities. Imprisonment offers, combining
it with the essential restorative justice a meeting between offender, victim and
community.

There is rule of law in our society followed in courts, is an aspect equality before
the law which suggest that no person is above law and that every person, whatever
be his rank or condition, is subject to jurisdiction of ordinary courts.

Rule of law requires that no person shall be subject to harsh, uncivilized or

discriminatory treatment even when the object is the securing of paramount
exigencies of law and order.
 REPORT ON COURT EXPERIENCE

The Internship Program with Advocate Rakesh Chaudhary started from 02.07.2018
to 08.08.2018 has been an immensely commendable experience for me.

District court is the base without which superior judicial cannot stand. It is the
court of original jurisdiction. No one except in case of breach of fundamental
rights can directly approach High Court and Supreme Court without approaching
the District and Sessions Court. In High Courts and Supreme Court both the civil
and criminal cases are heard. The structure of Lower Judiciary in Indian Judicial
system hierarchy is divided into two parts on is District Court which deals with
civil cases and the other is Session Court which deals with criminal cases. This
difference is more for theoretical understanding of the Hierarchy, though in reality
the judges for both district and session can be same. The District Courts are at the
top of all the subordinate or lower courts. They are however under the
administrative control of the High Court of the State to which the District Court
belongs to. Their jurisdiction is confined to the districts they are responsible for,
which could be just one or more than one. The original jurisdiction of the District
Courts in civil matters is confined by not just the territorial limitations, but by
pecuniary limitations as well. The pecuniary limitations are laid down by the
legislature and if the amount in dispute in a matter is way above the pecuniary
jurisdiction of the District Court, then the matter will be heard by the concerned
High Court of that State. In case of criminal matters, the jurisdiction of the courts
is laid down by the legislature. The decisions of the District Courts are of course
subject to the appellate jurisdiction of the High Courts. Apart from these judicial
bodies who enforce the laws and rules lay down by the legislature and executive
and also interpret them (the Supreme Court & High Courts), there are numerous
quasi judicial bodies who are involved in dispute resolutions. These quasi judicial
bodies are the Tribunals and Regulators.
GENERAL OBSERVATION OF FUNCTIONING OF DISTRICT COURT

Functioning of District Court is very important for every legal practitioner. In

Delhi there are six District Courts i.e. Tis Hazari Courts, Karkardooma Courts,
Rohini Courts, Dwarka Courts, Saket Court, Patiala House Courts. Each District
Court is being presided by different District and Sessions Judges and Districts are
being identified by revenue jurisdiction of Government of N.C.T. of Delhi. In
Delhi there are eleven Districts which are being brought down in the following
manner:-

S.NO. DISTRICT JURISDICTION

1. CENTRAL DELHI TIS HAZARI COURTS

2. EAST DELHI KARKARDOOMA COURTS

3. NEW DELHI PATIALA HOUSE COURTS

4. NORTH DELHI ROHINI COURTS

5. NORTH EAST DELHI KARKARDOOMA COURTS

6. NORTH WEST DELHI ROHINI COURTS

7. SHAHDARA KARKARDOOMA COURTS

8. SOUTH DELHI SAKET COURTS

9. SOUTH EAST DELHI SAKET COURTS

10. SOUTH WEST DELHI DWARKA COURTS

11. WEST DELHI TIS HAZARI COURTS

In a District, there are different Additional District Judges and Addl. Sessions
Judges, then there is a Chief Metropolitan Magistrate, Addl. Chief Metropolitan
Magistrate, Metropolitan Magistrate, Senior Civil Judge, Add. Senior Civil Judge
and Civil Judges.
The plaint filed in the court is given to the defendant and are asked to appear
before the court with a reply to the plaint. When the defendant comes and files the
reply, proceedings of the case starts. In the proceedings proper system is used and
respective courts arrives with the decision. In case if any of the part is not satisfied
with the decision of the court then it can appeal for it in the higher court. File
includes various forms, brief facts by the plaintiff along with the allegations and
prayer to the court, reply to the allegations and prayer to cancel the case by the
defendant, affidavits by both the parties, recording of the statements of the
witnesses and their cross and re-examinations in civil suits. Now in the case of
appeal new file is not formed, the statements recorded earlier are only relied upon
in the higher court though the unsatisfied party presents the additional grounds in
the appeal. This is generally observed in the civil suits.
CASES OBSEREVED

S.NO. LIST OF CASES PAGE

NO.

1. State Vs. Ankit Yadav & Ors.

2. Ritesh Chawla Vs. Sukhpal Singh

3. State Vs. Bhuwan

4. Hitender Rana Vs. Mange Ram

5. Ankit Tyagi Vs. Pushpa Bajaj

CASE-1

IN THE COURT OF MS. RUBY NAHAR, LD. M.M., TIS HAZARI

COURTS, DELHI

IN THE MATTER OF:

STATE VS. ANKIT YADAV & ORS.

That on 05.12.2012, three accused persons namely Ankit Yadav, Nitin Rana and
Jagminder @ Jagga Bhai intentionally collided with the vehicle (i.e. Four Wheeler
Honda City) of complainant at Gulabi Bagh. Nitiin Gupta who was coming from
Chandni Chowk, then accused persons started scuffling with the complainant in
furtherance to commit robbery with the complainant but the local public present
there came in between and made hold of accused persons. The complainant dialed
100 number. Police was called at the spot who took the complainant to Hospital for
medical and after obtaining medical report and statement of the complainant was
recorded. After that FIR was registered at P.S. Gulabi Bagh, Delhi. In this matter
robbery was attempted but not done. No article was involved to be robbed off, so
sections of robbery were not included in FIR. Now the matter is in court at the
stage of prosecution evidence.

SECTIONS INVOLVED:

323, 341, 506, 34 IPC

OBSERVATION:

All the accused persons were on bail and they were present before the court with
counsel and the matter was fixed for prosecution evidence. As the complainant was
not present, so a next date of hearing was given and court notice was issued for the
appearance of the complainant.

ORDER/JUDGMENT: PENDING
CASE-2

IN THE COURT OF SH. SUNIL KUMAR, LD. METROPOLITAN

MAGISTRATE, ROHINI COURTS, DELHI

IN THE MATTER OF:

SH. RITESH CHAWLA …COMPLAINANT

VERSUS

SH. SUKHPAL SINGH …ACCUSED

FACTS OF THE CASE:

1. That the complainant and the accused were having visiting terms with each
other from the last since three years.

2. That the accused had approached the complainant and requested him for a
friendly loan as the accused was facing financial crisis and the complainant
being a kind hearted person acceded to his request and gave the loan of
Rs.5,00,000/- as required by the accused in the month of May, 2014 and the
accused assured the complainant to return the entire loan amount within six
months.

3. That in the due course of time, the accused again approached the
complainant in the month of July, 2014 with the successive demand of
Rs.5,00,000/- and the complainant again acceded to his request and gave the
loan of Rs.5,00,00/- as required by the accused in the month of July, 2014
and the accused assured the complainant to return the entire loan amount of
Rs.10,00,000/- till December, 2014.

4. That thereafter the complainant in discharge of his liability issued two

cheques No.684650 dated 10.12.2014 of Rs.5,00,000/- and cheque
No.684651 dated 16.12.2014 of Rs.5,00,000/- both drawn on Punjab
National Bank, Branch Subzi Mandi, Delhi-110007 and the accused assured
 to the complainant that the said cheques will be encashed on its presentation
and the accused is having sufficient funds in his account for the encashment
of the said cheques.

5. That thereafter the complainant presented the abovesaid cheques with his
banker namely Oriental Bank of Commerce, Derawal Nagar Branch, Delhi-
110009 but the complainant was shocked and surprised when the said
cheques were returned dishonoured with remarks “PAYMENT STOPPED
BY DRAWER” vide bank returning memos both dated 20.12.2014.

6. That the complainant apprised the accused about the factum of the said
cheques and the accused tendered apology and requested the complainant to
give sometime and present the said cheques again and the complainant
again, as per the assurances of the accused, presented the said cheques with
his abovenamed banker but this time also the abovesaid cheques were
returned as unpaid/ dishonoured with the same remarks “PAYMENT
STOPPED BY DRAWER” vide bank returning memo both dated
03.03.2015.

7. That the complainant again informed the fate of the abovesaid cheques to the
accused but the accused instead of paying the amount of dishonoured
cheques started avoiding the complainant on one pretext or other with a view
not to make the payment of the said dishonoured cheques which shows that
the intention of the accused were not bonafide since its beginning.

8. That thereafter the Complainant issued a legal notice dated 30.03.2015

through his counsel vide Speed Post upon the accused which was actually
sent on 31.03.2015. In the said notice the complainant has demanded from
the accused the payment against the aforesaid dishonoured cheques within
15 days from the date of receipt of same. The said notice was duly served/
delivered upon the accused on 06.04.2015 as is clear from the tracking event
of the speed post obtained through internet. But the despite the service of the
legal notice, the accused neither replied nor complied with the terms of the
said legal notice.

9. That the abovementioned facts makes it abundantly clear that the accused
has mischievously and intentionally issued the aforesaid cheques with
ulterior motives and thereafter with a view to grab the hard earned money of
the complainant issued stopped payment instructions to his banker and thus
the accused has committed an offence punishable U/s 138 of the Negotiable
Instruments Act, 1881 for which the prescribed punishment is with the
 imprisonment for a term which may be extended to two years or with fine
which may be extended to twice of the dishonoured cheques amount or with
both.

10. That thereafter the complainant filed the case U/s 138 of N.I. Act for the
dishonour of cheque within stipulated period praying therein to summon, try
and punish the accused in the present case.

SECTION INVOLVED:

138 of Negotiable Instruments Act, 1881.

OBSERVATION:

The complainant was present with the counsel and his pre-summoning evidence
was tendered by the complainant by way of affidavit, thereby statement of the
complainant was recorded. Accordingly M.M. issued summons for the appearance
of accused.

.
CASE-3

IN THE COURT OF SH. DINESH BHATT, LD. ASJ, TIS HAZARI

COURTS, DELHI

IN THE MATTER OF:

STATE VS. BHUWAN

BRIEF FACTS OF THE CASE:

That on 23.03.2016, wife of accused namely Roshni committed suicide and she left
behind a suicide note in which she has written the name of his husband i.e. accused
in present matter namely Bhuwan. Allegations leveled in suicide note were of
cruelty and harassment against accused on the basis of statement of sister of
deceased FIR was registered and the accused was arrested and at present accused is
in judicial custody.

SECTIONS INVOLVED:

498A/304B/306 IPC

OBSERVATION:

Accused was produced from the judicial custody with counsel, matter was fixed for
arguments on charge. Arguments on charge were heard. Resulting thereof charges
were amended/modified to section 306 IPC only and the charges were altered as
suicide note did not had any allegations of dowry demand. Now the matter is fixed
for Prosecution Evidence.

ORDER/JUDGMENT: PENDING
CASE-4

IN THE COURT OF MS. KIRAN GUPTA, LD .SENIOR CIVIL JUDGE,

ROHINI COURTS, DELHI

HITENDER RANA …
PLAINTIFF

vs.

MANGE RAM …
DEFENDANT

BRIEF FACTS OF THE CASE:

Plaintiff and defendants were having business relations and plaintiff is the supplier
of raw materials and that is being used for packaging.

That defendant is running factory of manufacturing spare parts of car and plaintiff
has supplied him boxes in the month of October, 2014 for the purpose of
packaging and the plaintiff has raised the bill for the amount of Rs.55,000/- that is
unpaid by the defendant, for the recovery of which, the plaintiff has sued the
defendant.

OBSERVATION:

Matter was fixed for final arguments. Counsel for plaintiff argued at length in
which he appreciated statements of witnesses and matter was adjourned for further
arguments as the defendant sought adjournment on the reason that main counsel is
not available.

ORDER/JUDGMENT: PENDING
CASE-5

IN THE COURT OF MS.SHEFALI SHARMA, CIVIL JUDGE, ROHINI

COURTS, DELHI

IN THE MATTER OF:

ANKIT TYAGI …PLAINTIFF

VS.

PUSPA BAJAJ …
DEFENDANT

BRIEF FACTS OF THE CASE:

In this case plaintiff is landlord and defendant is tenant, plaintiff has filed suit for
possession with the prayer to court to put the plaintiff in possession and
discontinue tenancy as the defendant has not made payment of arrears of rent from
last six months.

OBSERVATION:

In this matter plaintiff and defendant appeared before the Hon’ble Court with their
respective counsel. Matter was fixed for filing or written statement of defendant to
that effect. written statement was filed and was taken on record and the matter was
adjourned for framing of issues/admission/denial.

ORDER/JUDGMENT: PENDING
 EXPERIENCE DURING THE INTERNSHIP

The District Court in reality is different from the court generally shown in the
Movies. In movies the job of lawyer is more similar to a detective which is a far
cry from the reality. The job of a lawyer is only to assist a party in a suit regarding
the proceedings and appear before Judge on his behalf. Every lawyer maintains a
court diary, which proved handy and very useful as all the details of the case are
entered in the diary with proper date and its petition number. It proves to be useful,
as respective cases are recorded by the lawyer date wise and it saves time to think
and search of the cases as per the present date. During my internship, I learned to
maintain the lawyer’s diary. I learned how to take dates from the court from the
registers. I myself has submitted an application of non-appearance on behalf of my
Sir before the Hon’ble Judge. It was a learning experience as Juniors take one year
for learning the court proceedings which I could learn during the period of
internship. Though two months was not sufficient but it was enough to learn about
the basis. Basics can be learned only in trial court. I have learned the basics of
drafting. I could get to know about Fast Track Court and Lok Adalat which is an
emerging concept. I really tried hard to learn. It was adventurous for me as
everything was unpredictable. Every client comes with a new case, new situation, a
new problem and which doesn’t have any perfect answer. I also experienced the
expressions and thoughts of the Hon’ble Judges. When they are in good mood,
they will tell you how to do the things correctly but if not then they will scold you
for the simple mistakes you have done. About advocates I experiences that it is not
easy to work as an advocate, it requires a lot of dedication and hard work, only
then you can achieve success, and most importantly social recognition.
This was a common practice among all advocates to never come on time and keep
their clients waiting before the court. They also would never present W.S. (written
statement) before the court on time, and also the witness on time, and then ask the
court to issue a further date for next hearing. In the office I learned all the official
work, filing Talwana, Vakalatnama etc. All these documents are very important
and an advocate must know how to fill them and use them, Talwana is used for
many things such as for issuing attach warrant, issuing notices etc.
I also learned that it is very important to be always reading cases and new
enactments, keep yourself always sound minded, and while dealing with a case
read the facts of the case very carefully and try to find all the loopholes and then
use them in your favour, also while cross questioning with the witness never allow
him/her to be confident ask them twisted questions so that they become nervous
and are not able to answer properly.
PART-2 LEGAL DOCUMENTS DRAFTING

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE: CENTRAL: DELHI

CRL. COMPLAINT NO._________ OF 2018

IN THE MATTER OF:-

SH. SHIVAM GAUR ….. COMPLAINANT

VERSUS

PANKAJ & OTHERS ….. ACCUSED

INDEX

S NO. PARTICULARS

1. Memo of parties

2. Complaint

3. List of documents

4. List of witnesses

DELHI :

DATED

COMPLAINANT

THROUGH

Rakesh Chaudhary

Advocate
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE: CENTRAL: DELHI

CRL. COMPLAINT NO._________ OF 2018

IN THE MATTER OF:-

SH. SHIVAM GAUR ….. COMPLAINANT

VERSUS

PANKAJ & OTHERS ….. ACCUSED

MEMO OF PARTIES

SH. SHIVAM GAUR

S/O SH. OM PRAKASH GAUR

R/O 225, GALI NO.7, DARSHAN VIHAR

BURARI, DELHI-110084 …

COMPLAINANT

VERSUS

1. PANKAJ

S/O SH. BALMUKAND

R/O GALI NO.3, VASHISHTH VIHAR, BURARI, DELHI

2. RAHUL

S/O SHRI SANTOSH SHARMA

3. SHIV KUMAR @ SUNNY

S/O SH. SANTOSH SHARMA

BOTH R/O KH.NO. 832/1, H.NO.4,

25 FOOTA ROAD, UPKAR COLONY,

BURARI, DELHI
5. FIVE TO SEVEN OTHER ACCUSED PERSONS (NAME AND ADDRESSES ARE

TO BE DISCLOSED BY THE ACCUSED NO.1 TO 3.

ACCUSED

DELHI:

DATED:
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE: CENTRAL: DELHI

CRL. COMPLAINT NO._________ OF 2017

IN THE MATTER OF:-

SH. SHIVAM GAUR

S/O SH. OM PRAKASH GAUR

R/O 225, GALI NO.7, DARSHAN VIHAR

BURARI, DELHI-110084 … --

-----------------------COMPLAINANT

VERSUS

1. PANKAJ

S/O SH. BALMUKAND

R/O GALI NO.3, VASHISHTH VIHAR,

BURARI, DELHI

2. RAHUL

S/O SHRI SANTOSH SHARMA

3. SHIV KUMAR @ SUNNY

S/O SH. SANTOSH SHARMA

BOTH R/O KH.NO. 832/1, H.NO.4,

25 FOOTA ROAD, UPKAR COLONY,

BURARI, DELHI.

4. FIVE TO SEVEN OTHER ACCUSED PERSONS (NAME AND ADDRESSES ARE

TO BE DISCLOSED BY THE ACCUSED NO.1 TO 3. …. ACCUSED

 P.S. BURARI

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE: CENTRAL: DELHI

CRL. COMPLAINT NO._________ OF 2017

IN THE MATTER OF:-

SH. SHIVAM GAUR …..COMPLAINANT

VERSUS

PANKAJ & OTHERS ….. ACCUSED

LIST OF WITNESSES

1. Complainant himself.

2. Smt. Neha W/o Shri Rahul D/o Shri Om Prakash Gaur.

3. Shri Vicky Kumar S/o Sh. Nem Kumar R/o H.No.481, Gali No.5A, Darshan Vihar,

Burari, Delhi.

4. Concerned Doctor from Aruna Asaf Ali Hospital, Rajpura Road, Delhi with the record of

MLC No.4322/2016 dated 27.12.2016.

5. I.O. of the case from P.S. Burari, Police Station with relevant record.

6. Any other witness/es, if required, with the permission of this Hon'ble Court.
DELHI:

DATED:

COMPLAINANT

Through

Rakesh Chaudhary

ADVOCATE

COMPLAINT U/S 200 CR.P.C. AGAINST THE ACCUSED FOR COMMITING

OFFENCE UNDER SECTIONS 307/308/395/506/34 IPC

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is a peace loving and law abiding citizen of India and permanent

resident of the address as mentioned in the title of the complaint.

2. That the sister of the complainant namely Ms. Neha was married to Rahul i.e. accused

no.2 on 30.11.12 but due to reasons mentioned in the complaint filed against Rahul and

his family members which was given in PS on 23.12.16 in PS Burari, she was living in

her matrimonial home along with the complainant and his family members. The

said complaint lodged by Ms. Neha is annexed herewith for kind perusal of this Hon'ble

Court.

3. That earlier there were problems in the relations of Ms. Neha and accused no.2 and his

family members. Consequently, an FIR No. 821/14 u/s 313/120-B/34 was lodged

against accused no.2 Rahul and his family members. But the same was quashed by the

Hon’ble High Court of Delhi with the consent of Neha because she was always interested
in settling the matter so that the matrimonial house of Neha could be carried on without

any problem. When every limit had been crossed over by accused no.2 and 3 and their

family members, then, Neha had filed a writ petition before the Hon’ble High Court of

Delhi on 21.12.2015 for reopening the above said FIR and filed the above said

complaint to PS Burari against accused no.2 and 3 and their family members. Notice had

been issued by the Hon’ble High Court of Delhi to accused no.2, 3 and their family

members.

4. That in the meantime, accused no.2 continuously followed the complainant while going

to PNB Model Town Delhi (office of the complainant where the complainant works) so

as to frighten the complainant and his family members and restraining his sister so that

Neha can be stopped from taking any legal action against accused no.2, 3 and their family

members. One live incarnation of such incidents is that accused no.2 followed the

complainant in the month of Aug 2016 & Nov 2016 in Beat car No. 2224 which was

given to the accused no.2 by the complainant and his family members in Dowry upon

their demand in the marriage. Accused no.2 warned the complainant to avoid any type

of complaint / any type of legal action against him and his family members, failing which

he threatened with dire consequences.

5. That on 27.12.2016, the complainant was going towards Hanuman Mandir situated on

Main Burari Road at about 9.45 PM, accused no.1 and other accused persons were

standing on the Nala with Lathi, Danda & Iron Rod. The Accused no.1 called the

complainant saying that “you come here.” Before leaving the house, the complainant

asked Mr Vicky to accompany him to the temple. Upon their call, the complainant

reached there and asked, “what is the matter.” Accused no.1 said that “why you people

are taking legal action against Rahul and his family members. Don’t you know that
Sunny is our fast friend.” When the complainant refused to intervene in the matter of

Neha, accused no.1 hit the scalp of the complainant, on the posterior side, with Lathi and

other accused persons hit the complainant with danda at stomach (front side),right leg

knee, Shoulders & waist of the complainant. The rear side of the head sustained a

C.L.W. of 2 CM x .5 CM which was bleeding upto the Hospital as per M.L.C. The

accused persons also snatched the money amounting to Rs 200/- & one mobile phone

bearing no. 8745844616 & 7551112523 having IMEI Nos. 867634021590342 &

867634021590359 thereby committing dacoity. In the meantime, Vicky also came there

and when he tried to reason out the accused, they also beat him but he sustained minor

injuries. The complainant ran towards his house by raising hue and cries. When Swati

Gaur (sister of complainant), heard the cries of the complainant, she came out of the

house and made a call at PCR from her mobile no 7065494082. The accused persons,

while retreating, also extended the threats to restrain from proceeding further against

Rahul & his family members failing which they threatened with dire consequences.

Needless to mention here that the entire incidence has been done by the accused no.1 and

his associates at the instance of the Rahul & Sunny with the motive to deter Neha and her

family members including the complainant not to make any compliant or take any legal

action against them. Accused no.1 and his associates are the friends of accused no.3 and

the complainant can identify the other accused persons if they are brought before him.

6. The MLC bearing No. 4322/16 was made in the Arun Asaf Ali Hospital on 27.12.16. IO

of the case namely Sh Balraj SI has not taken any action in the matter. Rather he called

the complainant to the PS on 29.12.16. He twisted the facts so as to lighten the grave

intensity of the incidence and mould the facts accordingly. IO of the case said that “if

you do not act according to my terms and conditions, I will not take any action in the
matter”. It is a matter of surprise that the complainant acted according to the whims and

fancies of the IO, but still he has not taken any action in the matter.

7. That till date the police has not taken any action against the accused and their associates,

who are moving freely and threatened the complainant and his family members not to

lodge any case against them otherwise they will face the dire consequences.

8. That under these circumstances, the complainant is under anticipation that the accused

and their associates can repeated their illegal designs again because the local police has

miserably failed to take any action against the accused persons who are freely moving in

and around the local area while threatening the complainant and his family members.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to summon the

accused, try and punish them according to provisions of law under the Indian Penal Code, in the

interest of justice.

Any other order and/or directions, which this Hon’ble Court deem fit and proper would

like to also be passed in favour of the complainant and against the accused.

DELHI:

DATED:

COMPLAINANT

Through

RAKESH CHAUDHARY

ADVOCATE
Before the Hon’ble National Consumer Disputes Redressal Commission New Delhi.

Consumer Complaint No. ________/17

In re :

•Sh Dheeraj Sood S/o Dr Subhash Sood

•Mrs Jayashree Sood W/o Dr Subhash Sood

Both R/o 507, Adishwar-34,

Firozshah Road New Delhi-110001

--- Complainant

V/s

M/s Omaxe Buildhome Pvt Ltd.

Through its Managing Director/ Authorised Signatory

Having office at Omaxe House, 7 & 10, LSC,

Kalkaji behind Kalkaji Post office, New Delhi- 110019.

--- Opposite Party

COMPLAINT UNDER SECTION 21 OF THE CONSUMER PROTECTION ACT AGAINST

THE DEFICIENCY IN SERVICE ON THE PART OF OP FOR HANDING OVER THE

POSSESSION OF THE FLAT IN QUESTION AND PAY INTEREST FOR DELAY IN

HANDOVER OF POSSESSION & COMPENSATION FOR HARASSMENT, MENTAL

AGONY , PAIN & SUFFERING

Most respectfully Showth as under :

 BRIEF FACTS OF THE CASE

• That the complainants are law abiding citizens and are habitual of honoring its commitments

always. The complainants have good roots & reputation in society. The father of the

complainant is a surgeon ( MS) in Tirth Ram Hospital and carry huge reputation on his cap and

rendering great services to the society, especially towards the economically weaker section of

society and even the complainant No. 2 who herself is a qualified doctor, following the

footprints of her husband.

• That the Opposite Party (“OP”) is a company incorporated under the provisions of the

Companies Act, 1956 and inter alia engaged in the business of developing real estate projects.

The Opposite Party company is jointly developing various real estate project especially in

NOIDA area of Nation Capital Region (NCR). Moreover, it can be safely stated that OP is

habitual of playing fraud upon the people at large.

• That it was represented by OP inter alia to the complainants that OP were allottee of land

bearing No. GH -02 admeasuring approximate 202351.96 Sq meters land situated at Sector MU

Greater Noida, Distt Gautam Budh Nagar, UP and is developing a group House Project in the

name of Omaxe Palm Greens thereon for allotment of residential flat / dwelling units to the

person / parties intending to book, as per schedule circulated in the market, on the price, terms

and conditions mentioned in the application form.

• That by the said misrepresentation, the complainant were persuaded to book a dwelling unit/

flat in Omaxe Palm Green Project, Tower Sugar Palm, Apartment No. 304, on third floor of

Block – B, having super area of 157.94 Sq meters ( 1700 Sq feet) having Basic sale

price of Rs 43,77,500/-, PLC charges of Rs 1,31,325/-, additional charges for car parking etc
amounting to Rs 6,73,000/- totaling Rs 51,81,825/- with OP in the said project vide printed

application form along with deposit of Rs 4,54,375/- vide cheque No. 495060 dated 15.07.08 as

detailed therein. It is pertinent to mention here that the OP has endorsed the flat No. 304, IIIrd

floor of the said project booked by one Ms Lata Jaiswal on 06.10.06. Against the said

endorsement of the said flat by the OP in favour of the complainants, the OP received Rs

6,40,000/- vide receipt No. 884454 dated 06.10.06 confirmed by the letter of OP dated 09.05.07

and rest of the amount was required to be paid in installments as per schedule of the payment.

• That needless to mention here that the flat in question was to be delivered by May 2010.

• That the complainants paid scheduled installments time to time on OP demand. In spite of

receiving the substantial installments from the complainants as demands made from time to time

and to utter shock of my clients when it was communicated by the OP vide letter dated

22.12.2010 that OP has decided not to construct the allotted tower and other facilities and

proposed to shift to another project namely Beach Palm B, which was not agreed by the

complainants. But still the OP compelled to accept the same otherwise the OP extended the

threat of forfeiting the amount already tendered.

• That subsequently, the complainants were forced to agree for allotment of higher category flat

vide your letter dated 09.08.12 and got received all payments on or before 02.03.13 even in

respect of higher category flat from the complainants, however no documentation in respect

thereto were executed and completed at the end of the OP despite the promises and repeated

request and demands made by the complainants. OP always ensured that the possession of the

said higher category flat will be delivered in three months from 02.03.13 and the documents

would also be executed at the same time. In spite thereto, till date no documents were executed

in respect of the higher category.

• That needless to mention here that till date the complainants are empty handed despite the fact

that the complainants have tendered an amount of Rs 53,10,833/- as on date. Even the

complainants tendered an amount of Rs 15 lacs on 02.03.13, receipt of which is annexed

herewith. This has resulted in the deficiency in service on OPr part and caused a lot of mental

harassments, agony, pain and sufferings. Even the day to-day work of the complainants has also

suffered for which the OP is liable to pay an amount of Rs 20 lacs.

• Keeping in view of the above said facts, a legal notice dated 21.07.2016 was served upon the

Opposite party, to which OP has not responded, calling upon OP to deliver the flat booked /

agreed, as aforesaid completed in all respect to the complainants along with the penalty / interest

on account of delayed period of 4 years @ Rs 24% Per Annum w.e.f 02.03.13 within 15 days of

receipt / delivery of the notice but to no avail.

• That OP has sent a Statement of Account dated 05.01.16 which is annexed herewith in

original for the kind perusal of the Hon’ble Court.

• That the interest for the delayed period of 4 years on Rs 53,10,833/- amounts to 50,88,000/-.

OP has assessed the value of the flat in question as 61,18,545/-. Even if the demand of an amount

of Rs 8,07,711/- is adjusted than also OP is liable to pay an amount of Rs 42,80,289/- along

with the 20 lacs as compensation for the above said pain and sufferings and possession of the flat

in question.

• That the said transaction took place within the jurisdiction of the present Hon’ble Forum.

Hence this Hon’ble Court has the jurisdiction to try and adjudicate upon the matter.

• That the complainant has been left with no remedy but to file the present complainant before

the Hon’ble Court.

• That the cause of action arose when the complainant booked these units. Further, it arose when

the several payments were made. Further, it arose when the claim was presented to the OP.
Further it arose when it was repudiated. It further arose when the legal notice dated 21.07.2016

was served upon them. It is still subsisting as the claim of the complainant yet to be satisfied.

• That the complaint is properly stamped.

It is therefore, respectfully prayed that:

•The Opposite Party be directed to hand over the possession of the flat in question

complete in all respects.

•The OP be further directed to pay the balance amount of Rs 42,80,289/- as delayed

payment after adjusted the demand made in the above said statement of accounts

• The OP be further directed to pay the balance amount of Rs 20 lacs as compensation

for the above said pain and sufferings to the compensation

•The Opposite party be further directed that w.e.f April 1st 2017, the balance amount of

42,80,289/- would be payable by the Opposite Party with interest @ 24% per annum till

its realization.

•Cost of the litigation would like to kindly be also awarded in favour of the complainant

and against the OP.

•Any other order (S) which this Hon’ble Court deem proper and adequate in the facts and

circumstances of the case be passed in favor of the complainant and against the OP.

Delhi

Dated

COMPLAINANT

Through

RAKESH CHAUDHARY

ADVOCATE