Kuldeep Kumar Sharma son of Sh. Rajinder Pal Sharma, r/o Ward No.23, Near Khalsa School Mandir Wali Gali, Khanna, Punjab.

Complainant

V e r s u s

1.M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. through Managing Director, 10 LSC, Kalkaji, New Delhi – 110019.

2.M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. through the Manager SCO 141-143, 1^st

Complaint under Section 17 of the Consumer Protection Act, 1986.

BEFORE:  

       Argued by:

PER SH. DEV RAJ, MEMBER

2.           

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11.        

12.        unpaid and interest on delayed payments was to be forfeited.

13.              According to Clause 5, the applicant/allottee agreed that the amount paid, with the application form, and, in installments, as the case may be, to the extent of 20% of the sale consideration of the residential plot, shall, collectively constitute the earnest money. The word used in Clause 5 of the basic terms and conditions of the application form, was applicant/allottee. Similarly, in Clauses 3 and 8, the word applicant/allottee was used. In some of the Clauses, contained in the basic terms and conditions of the application form, word applicant was only used.     

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17.          Certified copies of this order, be sent to the parties, free of charge.

18.          The file be consigned to Record Room, after completion

Pronounced.

January 27, 2014.

Sd/-

 [JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

AD

STATE COMMISSION

Argued by:

Dated the

ORDER

             Vide our detailed order of the even date, recorded separately, this complaint, filed by the complainant, has been partly accepted with no order as to costs.