Case nº Consumer Case No. 221 Of 2017 of NCDRC Cases, May 19, 2017 (case Major Sandeep Vinayak & Ors. Vs Army Welfare Housing Organization & Ors.)

JudgeFor Appellant: Mr. Avinash Sharma, Advocate and For Respondents: Mr. Anand Shankar Jha, Advocate
PresidentMr. Ajit Bharihoke,Presiding Member and Mr. Anup K Thakur,Member
Resolution DateMay 19, 2017
Issuing OrganizationNCDRC Cases


Instant complaint has been filed by Major Sandeep Vinayak and 50 others alleging deficiency in service on the part of the opposite parties with following prayer: -

In view of the facts and circumstances mentioned herein above, it is the humbly prayer of the complainants above named that this Hon''ble Commission may be graciously pleased to:

(b) Complete the project in totality as per the Technical Brochure without demanding any further cost/amount from complainants for the completion as the project amount for completion is more than Rs.2 crore:

(f) Allow the issues in totality and compensate the complainants by allowing their claims and further paying Rs.2 lacs per allotted on account of deficient services and unfair trade practices causing mental agony and harassment;

(g) Refund the penalty amounting to Rs.92,21,445/- to the owners of the dwelling unit in their equal share, as deposited by the owners of the dwelling unit with the respondents for violation of non-revalidation of building plan;

(h) Grant litigation expenses to the extent of Rs.20,00,000/-;

(i) Pay the amount as per the Architect report regarding the dwelling units for poor workmanship;

(j) Suitably compensate the owners of the dwelling units for inordinate delay in construction/handing over the flats, for causing mental agony and for burdening the dwelling units owners with increased mental cost because of the delay/deviation cost charged by HUDA and due to lack of proper supervision/planning by AWHO amounting to more than Rs.2 crores and the same be given to the petitioners along with 15% interest;

(k) No penalty should be imposed upon the allottees of the dwelling units on account of delay in making payment towards the DU. Once it is established that the project is still not complete, no penalty can be imposed upon the allottees; and

(l) Pass any other orders or directions as deemed appropriate in the...

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