RAJ SHEKHAR ATTRI, PREETINDER SINGH
Jagtar Singh – Appellant
Versus
Omaxe Chandigarh Extension Developers Pvt. Ltd. – Respondent
ORDER
Raj Shekhar Attri, President.—The complainant (appellant in this appeal) by way of filing this appeal is seeking modification of the relief already awarded to him, vide order dated 21.08.2025 passed by the District Consumer Disputes Redressal Commission-II, U.T., Chandigarh (in short the District Commission), in consumer complaint bearing no.698 of 2020. Following relief has already been granted by the District Commission while allowing the said consumer complaint:—
“...12] In view of the above discussion, the complaint of the complainant is partly allowed and the opposite party is directed as under:—
i) To pay Rs.4,24,925/- to the complainant (i.e. compensation @ Rs.10/- per sq.ft. per month for the super area 1725 sq.ft i.e. Rs.17250/- per month for the delayed period of 24 months 19 days with effect from 30.12.2014 to 18.01.2017).
ii) To pay Rs.10,000/- to the complainant as compensation for the harassment caused as well as litigation expenses.
The above said order shall be complied with by the opposite party within a period of 45 days from the date of receipt of certified copy of this order.
13] The pending application(s) if any, stands disposed of accordingly...
Lucknow Development Authority v. M K Gupta (1994) 1 SCC 243. (Para 13)
One-Sided Clauses are Not Binding – When a builder charges high penal interest for payment defaults by the buyer, providing a significantly lower compensation for their own breach constitutes a “one-....
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Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
One sided contract term – The Builder cannot seek to bind the Buyers with such one-sided contractual terms.
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
(1) Possession Letter - It is significant to mention here that mere sending of offer of possession letter dated 14.02.2022, Annexure C-3 for fitouts in no way can be termed as possession letter.(2) M....
(1) Apartment Buyer’s Agreement – Developer cannot compel apartment buyers to be bound by one-sided contractual terms contained in Apartment Buyer’s Agreement.(2) Offer of possession without completi....
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