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SANGITA DHINGRA SEHGAL, PINKI, J. P. AGRAWAL
Sunita Badhwar – Appellant
Versus
TDI Infrastructure Ltd. – Respondent
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 Therefore, vide order dated 13.02.2018, the District Commission dismissed the complaint as withdrawn with a liberty to file it before appropriate Commission.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.
(c) Interest @ 15% P.A. on the due amount of Rs.7,24,635/-
(d) Litigation expenses of Rs.55,000.”
2. Brief facts for the adjudication of the present complaint are that the Complainants booked a
(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....
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 - 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.
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.
(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....
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....
(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....
Failure by a developer to deliver possession of a residential unit within the stipulated contract period constitutes a deficiency of service under the Consumer Protection Act, 2019, entitling the agg....
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