OCUS SKYSCRAPERS REALTY LTD. Vs. KIRTI BAJPAI
LAWS(NCD)-2020-3-26
NCDRC
Decided on March 13,2020

Ocus Skyscrapers Realty Ltd Appellant
VERSUS
KIRTI BAJPAI Respondents




JUDGEMENT

V.K. Jain, J. - (1.) The complainant / respondent booked a small commercial space with the appellant in a project namely 'Ocus 24K', which the appellant was to develop in Sector 68 of Gurgaon. Unit No. G-166 in the aforesaid project was allotted to the complainant, who then executed an agreement with the appellant on 13.12.2013. The same price of the unit was agreed at Rs.78,71,010. The following was the payment plan agreed by the complainant with the appellant: JUDGEMENT_26_LAWS(NCD)3_2020_1.html Installments Basic 20.00% EDC+IDC 100.00% 1,341,620.00 284,900.00 Basic 10.00% Location PLC 100% 10% 670,810.00 670,810.00 Basic 10% IFMS 100% Sinking Fund 100%
(2.) The complainant made a total payment of Rs.20,87,459/- to the appellant, the last payment having been made on 22.6.2013.
(3.) The complainant approached the concerned State Commission by way of a consumer complaint instituted in the year 2014, seeking change of the payment plan on the ground that the appellant had offered possession-linked plan to other allottees of the project. The complaint was later amended in order to claim refund of the amount, which the complainant had paid to the appellant, along with interest, compensation etc. on that amount.;


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