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SANGITA DHINGRA SEHGAL, PINKI
Ravi Datt Yadav – Appellant
Versus
Ansal Housing Ltd. – Respondent
JUDGMENT
Sangita Dhingra Sehgal, (President)—The present Complaint has been filed before this Commission by the Complainant alleging deficiency in service and unfair trade practice on the part of Opposite Parties and has prayed for the following reliefs:—
i. to direct the Respondent No.1 to refund an amount of Rs.10,00,662/- paid towards the cost of the shop booked by complainant.
ii. to direct the Respondent No.1 to pay simple interest at @18% per annum from the dates of payments made to the Respondent No.1.
iii. to direct the Respondent No.2 to pay Rs.50,000/- towards penalty for providing incorrect information.
iv. to pay appropriate penalty for delay in completion of the project thereby causing mental agony to the Complainant.
v. to direct the Respondents to pay litigation cost; and to pass such other orders as this Hon’ble Forum may deem fit and proper in the light of the facts and circumstances of this case.
2. Brief facts necessary for the adjudication of the present Complaint are that the Complainant booked a shop bearing No.253, having an area of 550 sq. ft. at a total cost of Rs.36,30,000/- (Rupees Thirty-Six Lakh Thirty-Thousand Only) in a project named “Ansals Town
Shop Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited as earnest money – Any amount exceeding 10% of total sale price cannot be forfeited by Builder.
Commercial Space - commercial purpose does not include if it is for the purpose of earning his livelihood by means of self-employment.
Flat Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited by Opposite Party which cannot exceed 10% of total sale price of unit, in case of delay in payment by Buyer.
Forfeiture of earnest money beyond 10% of the sale price without evidence of actual loss is unreasonable; hence, only reasonable deductions from consumer funds are permissible.
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.
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