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SANGITA DHINGRA SEHGAL, PINKI
M3M India Pvt. Ltd. – Appellant
Versus
R. Ramesh – Respondent
JUDGMENT
Sangita Dhingra Sehgal, President.—The facts of the case as per the District Commission record are:
1. “The present complainant has been filed under Section 34 of Consumer Protection Act, 2019 (in short CP Act) against the Opposite Party (in short OP) alleging deficiency of services.
2. Briefly stated the facts of the case that the Complainant are a “Consumer” as defined in the CP Act. The Complainants seek redressal of the grievances for deficiency in services, unfair trade practices and failure of services against the OP.
3. It is further alleged that Complainants jointly booked a residential apartment in M3M Woodshire, Sector-107, Dwarka Expressway, Gurgaon for their residential purpose i.e. two bedroom plus study Apartment no. 903, Floor 9, Tower B-09 super area 1534 sq. feet for a total consideration of Rs.98,51,554/- (Rs. Ninety Eight Lakhs Fifty One Thousand Five Hundred Fifty Four only) which included basic sale price of Rs.82,06,000/- plus DC, Club Membership, IFMS, Car Parking and PLC charges paid a sum of Rs.16,92,099/- towards the cost of the residential apartment vide application dated 03.12.2012.
4. It is further alleged that the provisional allotment
Allotment of flat – Refusal of delivery of possession to buyer – Complainant to file case within two years from date of refusal of delivery of possession.
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....
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) 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....
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.
Commercial Purpose - Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
(1) Legitimate expectations are belied when the Opp. Party is guilty of delay of years in the fulfilment of a contractual obligation.(2) No document showing the receipt of the cancellation letter to ....
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