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SANGITA DHINGRA SEHGAL, PINKI
Ashutosh Bhatia – Appellant
Versus
R. P. S. Infrastructure Ltd. – Respondent
JUDGMENT
C/864/2017
Sangita Dhingra Sehgal, President—The present complaint has been filed by the Complainant before this commission alleging deficiency of service and unfair trade practice on the part of Opposite Party and has prayed the following reliefs:—
(a) that the Impugned Notice of Final Demand Dated 03.12.2013 as issued by the OP- company to the complainant for making payment be declared as null and void and not binding on the complainant in any manner;
(b) that the Impugned Cancellation Of Allotment Of Flat Notice Dated 15.07.2016 issued by the Respondent be held ex-facie illegal, wrong, baseless, unfair, arbitrary and null and void and not binding on the complainant in any manner;
(c) directing the OP-company to Hand Over the Possession of the Unit/Flat No. T-05/1407 in Tower Bluebeech-05 in Savana Project as allotted to the complainant immediately after executing the conveyance deed;
(d) directing the OP to pay interest @18% on amount of Rs 37,500/- illegally charged for open parking space.
(e) directing the OP to pay the complainant amount alongwith interest as per calculations of para 15 above less any amount as may be allowed by the Hon’ble Commission under head E
(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....
(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....
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.
Consumers are entitled to compensation for failure to deliver purchased flats, establishing cause of action despite multiple properties booked.
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....
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