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SANGITA DHINGRA SEHGAL, PINKI, J. P. AGRAWAL
Ashutosh Ahluwalia – Appellant
Versus
Mahesh Bhagchandka, Chairman, M2K Infrastructure Pvt. Ltd. – Respondent
JUDGMENT
Sangita Dhingra Sehgal (President)—The present complaint has been filed by the Complainant before this commission alleging deficiency of service on the part of Opposite Parties and has prayed the following reliefs:
(a) That the Opposite Party be directed to transfer the ownership of the said plot, bearing the address, G-29 admeasuring 263.99 sq. yards which is currently unregistered, which was allotted to late Mrs Renu Ahluwalia in the name of her rightful husband and complainant Mr. Ashutosh Ahluwalia.
(b) That the Opposite Party be directed to waive-off the unjustified demand of Rs.13,45,861/-,
(c) Opposite Party be directed to compensate the complainant o the tune of Rs. 10,00,000/- for the mental agony and harassment caused to him,
(d) Cost of litigation may also be awarded suitable and,
(e) Any other/further order/direction as the forum deems fit as per the facts and circumstances mentioned above in the interest of justice.
2. Brief facts necessary for the adjudication of the present complaint are that the Complainant’s wife vide application form applied for the allotment of a plot in the ‘M2K County’ project of the Opposite Party, situated at Dharuhera, Har
Possession – Failure to deliver possession constitutes a recurrent cause of action and that the developer had misled the complainant by collecting funds without holding necessary statutory permission....
(1) Plot Buyers Agreement—It is for Opposite Party to prove that Plot was purchased for commercial purpose, by way of some documentary proof.(2) Complainants cannot be expected to wait for indefinite....
1. Builder cannot claim lack of due diligence and creation of alternative arrangements to a situation as ‘Force Majeure’ defense.2. The purchase of a plot/apartment is a continuing course of action t....
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.
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.
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....
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