STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T.,CHANDIGARH

Ms. Meera Chauhan wife of Sh. R. K. Chauhan r/o 321, Zail Singh Nagar, Ropar, Punjab.……Appellant/Complainant.

VERSUS

M/s. Omaxe Chandigarh Extension Developers Pvt. Ltd., SCO No.139-140, First Floor, Madhya Marg, Sector 8-C, Chandigarh.

….Respondent/Opposite Party.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER DEV RAJ, MEMBER

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3.          thinstallment was partly paid and the 9^th

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11.       It is evident from record, that the appellant/complainant applied for an independent floor in the Mullanpur – Silver Birch project of the Opposite Party by remitting an amount of Rs.2,50,000/- vide her application dated 13.12.2011 (Annexure R-1). The basic cost of the flat was Rs.27 Lacs and by adding additional cost and maintenance security, the total payable amount came to be Rs.28,28,004.50. Clauses 6 and 11 of the basic terms and conditions, annexed with Annexure R-1, being relevant are extracted hereunder:-

“6. Timely payment of installments of basic sale price and allied cost pertaining to the Independent Floor is the essence of the terms of the booking/allotment. However in the event of breach of any of the terms and conditions of the allotment by the applicant/allottee, the allotment will be cancelled at the discretion of the Company and the aforesaid earnest money together with any interest on installments due but unpaid and interest on delayed payments shall stand forfeited. The balance amount shall be refundable to the applicant/allottee without any interest, after the said Independent Floor is allotted to some other intending allottee and after compliance of certain formalities by the allottee. Further, if any, discount/concession has been given by the Company in the Basic Sale Price/in the payment term to the Buyer(s) in lieu of consensus of the Buyer(s) for timely payment of installments and other allied cost, then the Buyer(s) hereby authorizes the Company to withdraw such discount/concession and demand the payment of such discount/concession amount as a part of sale consideration amount, which the Buyer(s) hereby agree to pay immediately. The Company in its absolute discretion may condone the delay by charging penal interest @18% p.a. for upto one month delay from the due date of payment and @24% p.a. thereafter on all outstanding dues from their respective due dates.

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13.        No other point, was urged, by the Counsel for the appellant/complainant.

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Pronounced.

31st October, 2013.

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

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STATE COMMISSION

FIRST APPEAL NO.452 OF 2013

Argued by:Sh. 

Dated the 31^st

ORDER

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