Case nº Consumer Case No. 1286 of 2016 of National Consumer Disputes Redressal Commission, September 08, 2016 (case 1. Asha Mehta and Anr. 2. Sh. Bhagat Mehta Vs Parsvnath Developers Ltd.)
| Judge | For Appellant: Mr. Vikash Sharma, Advocate |
| President | Mr. Ajit Bharihoke,Presiding Member and Dr. S.M. Kantikar,Member |
| Resolution Date | September 08, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Ajit Bharihoke, Presiding Member (Oral)
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Arguments on admission heard. Instant complaint has been filed by the complainants alleging deficiency in service on the part of the opposite party developer with following prayer:
a. direct the opposite party to refund the amount of Rs.10,09,453/- along with interest @ 24% per annum since 2005 till realization;
b. direct the opposite party to pay Rs.1 crore as loss of benefits on the investment of the complainants;
c. direct the opposite party to pay the damages to the tune of Rs.20,00,000/- for mental agony and harassment suffered by the complainants from last about 11 years;
d. direct the opposite party to pay the litigation cost to the tune of Rs.2,00,000/- to the complainants;
Any other or further order/relief as this Hon''ble Forum may deem fit and proper under the facts and circumstances of the case may also be passed/granted in favour of the complainants and against the opposite party.
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On bare reading of the prayer, prima facie it appears that the instant case does not fall within the pecuniary jurisdiction of the National Commission. Therefore, we have heard arguments on the aspect of pecuniary jurisdiction.
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The complainant is seeking refund of Rs.10,09,453/- along with interest at the rate of 24% per annum since 2005. Although the interest claimed is highly unrealistic and unreasonable, even if the benefit of the interest component is granted to the complainant, the interest for 11 years on the sum of Rs.10,09,453/- will come to somewhere around Rs.26,64,955/-. Besides this the complainant has sought damages to the...
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