SANGITA DHINGRA SEHGAL, RAJAN SHARMA
Ajay Mishra – Appellant
Versus
Ansal Hi-Tech Township Ltd. – Respondent
JUDGMENT
Sangita Dhingra Sehgal, President—The present Consumer Complaint was initially filed before the District Commission on 28.01.2015. However, the Complainants withdrew their complaint on the ground of pecuniary jurisdiction with a liberty to file it before appropriate Commission. Therefore, vide order dated 24.08.2018, the District Commission dismissed the complaint as withdrawn with a liberty to file it before appropriate Commission. Thereafter, the present complaint was re-filed before this Commission under Section 17 of the Consumer Protection Act, 1986, by the Complainants alleging deficiency in service and Unfair Trade Practice on the part of Opposite Parties and has prayed the following reliefs:—
(a) “Hold the Opposite Party no. 1-4, guilty of deficiency of service and unfair trade practice.
(b) Direct Opposite Party No. 1-2 to the refund the entire monies amounting to Rs. 4,50,000/- deposited by the Complainants together with 18% interest from the date of deposit of the same till the date of realization.
(c) Grant the Complainants, compensation of Rs. 2,00,000/- as compensation for the mental harassment and agony suffered over the uncertainty of their dream place of
Commercial Purpose - it is for the Opposite Parties to prove that the flat purchased was for commercial purpose, by way of some documentary proof and a mere bald statement is not sufficient to raise ....
Commercial Purpose - Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
Commercial Purpose – Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
(1) Allegation - Mere allegation, that the purchase of the unit is for commercial purpose, cannot be the ground to reject the present consumer complaint.(2) Right to file complaint - Complainants are....
(1) Recurrent cause of action – Complainant has a recurrent cause of action till the possession of the plot is not handed over to him.(2) Commercial Purpose – Mere allegation, that the purchase of th....
Absence of prayer “ Even in absence of specific prayer, this commission can grant a relief which is justified and warranted in the facts and circumstances of the case.
Complicated questions – Nothing cogent has been brought on record by the Opposite Parties which would reflect that there are such complicated questions involved which could not be settled on the basi....
Allotment of plot – If there is no time limit for performance of particular promise given by one party, it is to be performed within reasonable time.
1. In terms of construction, cause of action remains concurrent and continuous till possession is delivered.2. Failure to comply with the rules of the contract on part of the builder (Opp. Parties he....
(1) Mere allegation that purchase of the property is for commercial purpose cannot be ground to reject the consumer complaint.(2) In the event a person entitled to seek additional special remedy prov....
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