Sunita Badhwar VS TDI Infrastructure Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANGITA DHINGRA SEHGAL, PINKI, J. P. AGRAWAL
Sunita Badhwar – Appellant
Versus
TDI Infrastructure Ltd. – Respondent

Advocates:
Counsel for the Parties:
For the Complainants: Mr. Ravi Pal, husband of the Complainant in person along with Mr. Amardeep Maini, Mr. Gaurav Aggarwal and Mr. Hardik Singh, Counsel
For the Opp. Party: Mr. Shaurya Rohit and Mr. Harshit Kiran, proxy counsel for Mr. Vaibhav Agnihotri, Counsel

JUDGMENT

Sangita Dhingra Sehgal, (President)—The present Consumer Complaint was initially filed before the District Commission. 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 Therefore, vide order dated 13.02.2018, the District Commission dismissed the complaint as withdrawn with a liberty to file it before appropriate Commission.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) “An amount of Rs.7,24,635/- which Opposite Party has received from the complainants.

(b) Amount of Rs.4,00,000/- as compensation/ damages suffered by the complainants for non delivery of possession of floor within reasonable period and for mental torture, harassment and mental strains.

(d) Litigation expenses of Rs.55,000.”

2. Brief facts for the adjudication of the present complaint are that the Complainants booked a

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SANGITA DHINGRA SEHGAL, PINKI, J. P. AGRAWALSunita Badhwar – AppellantVersusTDI Infrastructure Ltd. – Respondent

Cases Referred (1)

SANGITA DHINGRA SEHGAL, PINKI, J. P. AGRAWAL
Sunita Badhwar – Appellant
Versus
TDI Infrastructure Ltd. – Respondent