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SANGITA DHINGRA SEHGAL, PINKI
R. P. Gupta – Appellant
Versus
Parsvnath Developers Ltd. – Respondent
JUDGMENT
Sangita Dhingra Sehgal, President.—The present complaint has been filed by the Complainants alleging deficiency in service and unfair trade practices by the Opposite Party and has prayed the following reliefs:
a) “Refund the amount of Rs. 28,13,300/- which includes booking amount of Rs. 7,77,500/- paid by the Complainant along with interest @ 24% per annum to an extent of Rs. 20,35,800/-calculated from the date of payment till the filing of the present complaint.
b) Pay pendent lite interest @ 24% p.a. on Rs. 28,13,300/- from the date of filing the present Complaint till the present case is finally decided and future interest @24%per annum on the decreetal amount from the date of decree till he date of actual payment.
c) To compensate the Complainant with Rs. 5,00,000/- due to inflation in property market proportionate size of Plot in the past 12 years.
d) To pay the compensation of Rs. 1,00,000/- for mental agony and financial loss suffered by the Complainant.
e) To pay Rs. 1,00,000/- to the Complainant on account of deficiency in the services of the OP and also towards the litigation chares; and/or
f) Any other relief/s which this Hon’ble Commission may deem
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.
(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....
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) Mere allegation that purchase of the property is for commercial purpose cannot be ground to reject the consumer complaint.(2) In the event a person entitled to seek additional special remedy prov....
A partnership firm qualifies as a consumer under the Consumer Protection Act, 1986, establishing rights to seek redress for deficiency in service.
1. In terms of construction, cause of action remains concurrent and continuous till possession is delivered.2. Failure to comply with the rules of the contract on part of the builder (Opp. Parties he....
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.
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