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S. P. TAVADE, VIJAY C. PREMCHANDANI
Sanvo Resorts Pvt. Ltd. – Appellant
Versus
Hitesh Tejnani – Respondent
JUDGMENT
Vijay C. Premchandani, Member.—The present appellants ( Original Opponent ) filed this appeal, being aggrieved by Judgment and Order dated 28.04.22 passed by the District Consumer Disputes Redressal Commission Central Mumbai at Parel, in Consumer Complaint No.94/2020 filed by the Respondent ( Original Complainant ), thereby partly allowing the said Consumer Complaint and holding that the Appellant is guilty of adopting Deficiency in Services and unfair trade practices towards the Respondent while providing construction services to the Respondent and to pay an amount of Rs.12,03,296/- to gather with SI interest @18% p.a. from 01.02.2014 till realization, Rs.1,00,000/- as and by way of compensation towards mental agony suffered by the Respondent and Rs.25,000/- towards costs of litigation, with further directions to pay the said amount within 30 days from the receipt of the Order, failing which the said amount will attract SI @ 24% instead of 18% p.a.
Facts of the Complaint.
2. In the month of December 1013, Complainant and his wife Ritika Tejnani signed the Reservation Booking form and booked Flat No.2303 in the Building known as Marathon Nexzone Acruz situated at Village K
(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....
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.
(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....
(1) Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.(2) Housing Construction - The ex....
Commercial Purpose - Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
Flat Buyer’s Agreement – Purchase and sale of goods for resale or for commercial purpose is excluded from purview of definition of “consumer” – Ordinarily “commercial purpose” is understood to includ....
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.
Earnest money – As the allotment letter was not signed/accepted by the Complainants, the Opposite Party does not have any right to deduct the earnest money and cannot use or sit over the Complainants....
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