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SANGITA DHINGRA SEHGAL PINKI
Satish Kumar Arora – Appellant
Versus
Parsvnath Developers 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. Allow the instant Complaint and hold the Opposite Party guilty of adopting unfair trade practice and deficiency in service; and
II. Direct the Opposite Party to handover the possession of plot admeasuring 400 sq. yds in Parsvnath City, Sonepat, Haryana based upon the terms already fixed between the parties alongwith compensation @ 24% p.a.; and/or
III. Direct the Opposite Party to refund the amount of Rs.11,00,000/-, paid by the Complainant, alongwith an interest @ 24% from the date of payment i.e. 31.05.2006 till the amount is repaid; and
IV. Allow Rs. 10,00,000 compensation for negligence committed by the Opposite Party; and
V. Allow Rs. 20,00,000/- as compensation for harassment and mental agony suffered by the Opposite Party due to unfair trade practice and deficiency in service committed by the Opposite Party; and
VI. Direct the Opposite Party to pay Rs. 2,00,000/- to the Complainants for litigation costs.”
2. Brief facts necessary for the
(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....
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.
A partnership firm qualifies as a consumer under the Consumer Protection Act, 1986, establishing rights to seek redress for deficiency in service.
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) 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....
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....
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