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2022 Supreme(Online)(NCDRC) 1155

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
RAM SURAT RAM MAURYA, Presiding Member
ANIMESH GUPTA – Appellant
Versus
M/S. RAHEJA DEVELOPERS LTD. & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. Surender
For the Respondents: Mr. Siddharth Banthia, Mr. Anand Shankar Jha

Table of Content
1. introduction to case and claims made by complainant. (Para 1 , 2)
2. details of transactions and agreements related to the property. (Para 3 , 4 , 5 , 6)
3. court considers arguments regarding consumer status and service definitions. (Para 7 , 8)
4. court decision on refund obligations and consumer rights. (Para 9 , 10)
ORDER

1. Heard Mr. S. Surender, Advocate, for the complainant and Mr. Siddharth Banthia, Advocate, for opposite party-1.

2. Above complaint has been filed, for directing opposite party-1 to (i) refund Rs.7446104/- (i.e. the loan amount) with interest @18% per annum from the date of disbursement till the actual payment to the complainant, (ii) refund Rs.2411026/- with interest @18% per annum, from the date of deposit till the date of payment, (iii) pay Rs.55226/- per month with interest @18% per annum, as Pre-EMI paid by the complainant to opposite party-2, (iv) pay Rs.500000/- as compensation for mental agony and harassment, (v) pay Rs.2/- lacs, as the costs of litigation; and (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3. The complainant stated that M/s. Raheja Developers Limited (opposite party-1) (t

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