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B.C.GUPTA, PREM NARAIN
AKASH GUPTA – Appellant
Versus
MAHIMA REAL ESTATE PVT. LTD. – Respondent


Advocates Appeared:
Mr. Pradeep Singh, Advocate, for the Appellant; None, for the Respondent

ORDER

Dr. B.C. Gupta, Presiding Member—This first appeal has been filed under section 19 read with Section 21(a)(ii) of the Consumer Protection Act, 1986, against the impugned order dated 30.09.2016, passed by the Rajasthan State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission") in Consumer Complaint No. 65/2015, filed by the present appellant, vide which, the said complaint was partly allowed and the opposite party (OP) was directed to refund the deposited amount of Rs. 6,36,721/- with interest @ 10% per annum from the date of filing the complaint and Rs. 1 lakh as compensation for mental agony and Rs. 1,000/- for litigation expenses. The complainant has filed the present appeal, seeking enhancement of the compensation awarded to him by impugned order.

2. The facts of the case are that the appellant/complainant booked a residential flat in the project "Mahima Nirvana", floated by the opposite party (OP) builder, Mahima Real Estate Pvt. Ltd. at Ajmer Road, Jaipur. The flat no. D-1001, 2 BHK, type-'A' with an built-up area of 1174 sq. ft. for a consideration of Rs. 32,44,800/- was allotted to the complainant by the OP. The complainant deposite

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