SANGITA DHINGRA SEHGAL, BIMLA KUMARI
Karan Aggarwal – Appellant
Versus
M3M India Limited. – Respondent
JUDGMENT :
Sangita Dhingra Sehgal (President)—The present complaint has been filed by the Complainant before this Commission alleging deficiency in service and unfair trade practices by the Opposite Parties and has prayed the following reliefs:
a) “Direct the OP-1 to OP-6 to pay Rs.1,00,38,780.00 (Rupees One Crore Thirty-Eight Thousand Seven Hundred and Eighty Only) along with simple interest of 24% p.a. to the Complainant from 19.01.2015 i.e., from the date of delivery of Apartment till the present day, or
b) Direct the OP-1 to OP-6 to execute the conveyance deed of the Apartment and handover the physical and vacant possession of the flat to the Complainant along with interest for delayed possession of Apartment,
c) Direct the OP to compensate an amount of Rs.10,00,000/- to the Complainant of the mental harassment she has suffered from pillar to part with her query to the Representatives of the OP.
d) Direct the OP to pay Cost of litigation of Rs.25,000/-.
e) Any other relief which this Hon’ble Commission deems fit and proper in the facts and circumstances of the case may also be granted in favour of complainant in the interest of justice.”
2. Brief facts necessary for th
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....
Commercial Purpose - Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
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....
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. In terms of construction, cause of action remains concurrent and continuous till possession is delivered.2. Failure to comply with the rules of the contract on part of the builder (Opp. Parties he....
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.
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