Back
SANGITA DHINGRA SEHGAL, PINKI, J. P. AGRAWAL
Anushree Bhargava – Appellant
Versus
Imperia Structure Ltd. – Respondent
JUDGMENT
Sangita Dhingra Sehgal (President)—The present complaint has been filed by the Complainants before this commission alleging deficiency of service on the part of Opposite Party and has prayed the following reliefs:—
(a) direct the opposite party to refund the aforesaid principal deposit of Rs.19,21,034/- (Rupees Nineteen Lacs twenty one thousand and thirty four Only) which they have received from the complainants by giving them false assurance for providing the flat in their so-called upcoming project, namely, “Mirage Homes, located at GH-F Pocket, Jaypee Green Sports City, SDZ,Sector-25, Yamuna Expressway Industrial Development Authority Area, Distt. Gautam Budh Nagar, Utter Pradesh;
(b) direct the opposite party to pay as compensation a sum of Rs. 20.18.872/- (Rupees Twenty Lacs Eighteen Thousand Eight Hundred Seventy Two only) as interest @ 18% per annum, from the date of last deposit and till the date filing of aforesaid complaint;
(c) Direct the opposite party to pay jointly and severely a sum of Rs.1,00,000/- (Rupees One Lakhs Only) as damages to the complainants for harassment, mental
pain, agony, trauma and loss of health
due to the deficiency on services rende
Failure of Developer to comply with contractual obligation to provide flat to a flat purchaser within a contractually stipulated period amounts to a deficiency.
False assurance of time delivery of possession – Opposite Parties are deficient in providing its services to the Complainants as the Opposite Parties had given false assurance to the Complainants wit....
Deficiency in Service Established – The builder’s failure to hand over the apartment within the contractually agreed timeline, followed by an arbitrary cancellation of the allotment and unjustified f....
Deficiency in services occurs when contractual obligations regarding timely delivery are not met, allowing for consumer redress.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
