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SANGITA DHINGRA SEHGAL, PINKI, J. P. AGRAWAL
In the matter of Mr. Neeraj Gauba – Appellant
Versus
Bestech India Pvt. Ltd. – Respondent
JUDGMENT
Sangita Dhingra Sehgal, (President)—The present complaint has been filed by the Complainants before this Commission alleging deficiency of service by the Opposite Party and has prayed the following reliefs:—
A. Direct the Direct the Opposite Parties No.1 to 3 to return the amount of Rs.40,00,000/- (Rupees Forty Lakhs Only) fraudulently taken by the complainant along with interest at the rate of 24% per annum from the date of receipt of the payments till realization.
And/Or
B. Direct the Respondents to pay to the Complainant a sum of Rs.5,00,000/- towards mental agony and harassment caused to the Complainant along with litigation expenses of Rs.1,00,000/- incurred by the complainant.
And /Or
C. To discontinue the unfair trade practice adopted by the Opposite Parties no. 1 to 3 in the manner as the Hon’ble Commission may deem fit and proper in the facts and circumstances of the case.
And /Or
D. Pass such other and further reliefs as the Hon’ble Commission may deem fit and proper in accordance with the facts and circumstances of the case.
2. The brief facts necessary for the adjudication of the present complaint are as that the Complainants booked a unit bearing
Commercial Space - commercial purpose does not include if it is for the purpose of earning his livelihood by means of self-employment.
Shop Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited as earnest money – Any amount exceeding 10% of total sale price cannot be forfeited by Builder.
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.
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.
Flat Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited by Opposite Party which cannot exceed 10% of total sale price of unit, in case of delay in payment by Buyer.
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