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SANGITA DHINGRA SEHGAL, PINKI
Arjun Chandele – Appellant
Versus
Nitishree Infrastructure Ltd. – Respondent
JUDGMENT
Sangita Dhingra Sehgal (President)—The present complaint has been filed by the Complainant before this commission alleging deficiency of service on the part of the Opposite Parties and has prayed the following reliefs:—
(a) Directing the opposite party to refund the amount of Rs.6,26,007.00 (Rupees six lacs twenty six thousand and seven only) already paid by the complaint to the opposite party, together with interest @24% per annum from the date of payment by the Complainant till its realization.
(b) Compensation/damages of Rs.10,00,000/- (Rupees Ten Lacs Only) in favour of the Complainant and against the opposite party, for the inconvenience, harassment and mental agony and pain suffered by the Complainant because of the unwarranted, arbitrary and whimsical act and conduct of the opposite party.
(c) Interest on the compensation @ 24% per annum till realization of the compensation.
(d) The cost of the present proceedings in favour of the Complainant and against the opposite party: and
(e) Such other/further order (s) as this Hon’ble Forum may deem fit and proper in the fact and circumstances of the case may also be passed in favour of the Complainant.
2. Brief fact
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....
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.
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) 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....
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) Jurisdiction - Commission has the jurisdiction to entertain the cases relating to allotment agreement including delay in handing over possession of the said flat, as compensation for delay in han....
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