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V.K.JAIN
Jyoti Malhan – Appellant
Versus
Omaxe Limited – Respondent


Advocate Appeared:
For the Complainants :Ms. Priyanjali Singh, Mr. Rahul Rathore and Mr. Karunesh Kr. Shukla, Advocates.

ORDER :

V.K. Jain, Presiding Member

The complainant purchased a residential plot from the OP in a project, namely, “Omaxe City, Bahadurgah” for a consideration of Rs. 65,70,000. The possession of the plot has already been delivered to the complainant though there was a delay in delivery of the possession. The complainant is, therefore, before this Commission seeking the following reliefs:

“(i) Direct OP to pay compensation for delay in offer of possession of plot @18% RA. counted from the promised date of possession till when registered conveyance was signed and possession handed over;

(ii) Direct OP to pay compensation for prematurely recovering the final amount of Rs. 4,03,834 (being the final 5% of cost) in June 2016 and then prematurely getting complainant to purchase stamp paper and pay registration charges on December 2016 from the date Complainant had to make such premature payments till 22.5.2017 when registered conveyance was signed;

(iii) Direct OP to pay compensation @10% in term of Clause 12 of BBA, on the excess principal refunded on account of reduction of plot, such interest to be calculated from the date of excess recovery in 2012 till the date registered conveyance was

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