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SANGITA DHINGRA SEHGAL PINKI
Imroz Ahmad Khan – Appellant
Versus
Cosmos Infra Engineering (I) Limited – 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 the Opposite Party and has prayed the following reliefs:
“(i) The Respondent to be directed to waving of all illegal penalties and interest upon the complainant and restore allotment of flat no C-106 OF 3 BR Type on first floor at Tower no-C, in super area in 1700 Sq.ft. @ 1860 per Sq. ft. total sum of Rs 39,68,000.00/-to complainant., In the residential group housing project “Cosmos Golden Heights” situated at NH 24, Crossing republic, NCR Ghaziabad, U.P.
(ii) The Respondent to be further directed to pay a sum of Rs 1,00,000/- as compensation for the mental agony and harassment caused to the Complainant.
(iii) Award cost legal notice and cost, expenses of the Complaint.
(iv) In alternate direction be given to the respondent refund the amount of Rs. 17,52,757/- as principal and interest @18% from February, 2008 till order of this Hon’ble State Commission.
(v) Pass any other order(s) as this Hon’ble Court deem fit and proper in the circumstances of the present case.”
2. Brief facts necessary for the adjudic
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.
(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....
Commercial Purpose - Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
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) 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....
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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