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SANGITA DHINGRA SEHGAL PINKI
Nirmal Satwant Singh – Appellant
Versus
VSR Infratech Private Limited – Respondent
JUDGMENT
Sangita Dhingra Sehgal, (President).—The present complaint has been filed by the Complainant alleging deficiency in service and unfair trade practices by the Opposite Party and has prayed the following reliefs:
a) Direct the Opposite Party for an immediate 100% refund of the total amount paid by the Complainant along with a penal interest of 18% per annum from the date of receipt of payments made to the Opposite Party;
b) Direct the Opposite Party to pay compensation of Rs.50,00,000/- (Rupees Fifty Lakh Only) to the Complainant for mental agony, harassment, discomfort and undue hardships caused to the complainant as a result of the above acts and omissions on the part of the Opposite Party;
c) Direct the Opposite Party to pay a sum of Rs.3,00,000/- (Rupees Five Lakh Only) to the Complainant towards litigation costs;
d) That any other and further relief in favour of the Complainant as the Hon’ble Commission may deem fit and proper in the fact and circumstances of the case.”
2. Brief facts necessary for the adjudication of the present complaint are that in year 2013, the Complainant booked three units with the Opposite Party in a project named “114 Avenue,” situated
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) “Service” – The expression ‘service’ in Section 2(1)(o) means a service of any description which is made available to potential users including the provision of facilities in connection with (amo....
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.
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....
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....
(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....
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