Consumer Complaint 

^{17 of 2014}

Date of Institution

^18.02.2014

Date of Decision    

^02.05.2014

1.2

The Allottee agrees and understands that the Sale Price of the Agreement shall be calculated on the basis of the Super Area (as defined and detailed out in Annexure III) and that the Super Area as stated in this Agreement is tentative and subject to change till the completion of the construction and the issuance of the occupation certificate by the competent authorities. The final super area of the Apartment shall be confined by the Company only after the construction is complete and the issuance of the completion certificate by the authorities.

1.3

The total price payable for the Apartment shall be re-calculated upon confirmation by the Company of the final Super Area. Any increase or reduction in the super area shall be payable or refundable as the case may be without any interest at the same rate per sq. ft of Super Area as abovestated. If there is an increase in the Super Area the Allottee shall pay to the company immediately upon demand raised by the Company. If there is a reduction in the super area the refundable amount shall be adjusted by the Company in any amount receivable from the Allottee or shall be adjusted by the Company from the final instalment as set forth in the Schedule of Payments.

18

ALTERATION/MODIFICATION

18.1

In the event of any alteration/modification resulting in more than 10% (ten percent) increase or decrease in Super Area of the Apartment, the Company shall in its sole opinion, any time prior to or upon the grant of occupation certificate, intimate the Allottee in writing of such increase or decrease in Super Area thereof and the resultant change, if any, in the Sale Price of the Apartment. In the event that the Allottee has any objection to such increase or decrease in Super Area, the Allottee shall within thirty (30) days of intimation of the increase or decrease by the Company file objections, failing which it shall be deemed that the Allottee has no objections and has given absolute consent to such increase or decrease in super area and/or any alterations/modifications and for payments, if any, to be paid in consequence thereof. However, in case the Allottee demands refund of the monies deposited by the Allottee towards the Apartment booking, then the Company, shall cancel this Agreement without any further notice and refund the money received from the Allottee within thirty (3) days of the sale of the Apartment to any third party. The Company shall refund the money to the Allottee after deduction of the Earnest Money, whereupon, the Company and/or the Allottee shall be released and discharged from all their obligations and liabilities under this Agreement. It being specifically agreed that irrespective of any outstanding amount payable by the Company to the Allottee, the Allottee shall have no right, lien or charge on the Apartment in respect of which refund as contemplated by this clause is payable.

3.1

The Allottee has entered into this Agreement on the condition that out of the amount paid/payable by the Allottee towards the Sale Price including the parking spaces allotted, the Company shall treat 10% (ten percent) of the Sale Price of the Apartment as Earnest Money (hereinafter referred to as the “Earnest Money”).

3.2

The Allottee hereby agrees that the Company shall have the right to forfeit out of the amounts paid/payable by the Allottee, the Earnest Money as aforementioned in the event of the failure of the Allottee to perform its obligations or non-fulfillment of all/any of the terms and conditions set out in this Agreement executed by the Allottee or in the event of failure of the Allottee to sign and return this Agreement in its original form to the Company within thirty (30) days from the date of its dispatch by the Company.

21.10

It is agreed by the Allottee that in the event of the failure of the Allottee to take the possession of the said Apartment in the manner as aforestated, then the Company shall have the option to cancel this Agreement in accordance with the terms of this Agreement or the Company may, without prejudice to its rights under any of the clauses of this Agreement and at its sole discretion, decide to condone the delay by the Allottee in taking over the possession of the said Apartment in the manner as stated in this clause on the condition that the Allottee shall pay to the Company the following amount:…….”

(DEV RAJ)

MEMBER

(JUSTICE SHAM SUNDER (RETD.))

PRESIDENT

(PADMA PANDEY)

MEMBER