Pradeep Chaudhary vs M/S. Omaxe Buildhome Pvt. Ltd. on 26 April, 2016
13. From the above clause, it is clear that earnest money is to be forfeited in the event of allottee breaching any terms and conditions of the allotment. However, in this case, the first breach of agreement has been made by the opposite party himself by changing the flat without the consent of the allottee. Hence the earnest money cannot be deducted as per the above clause of the terms and conditions of the allotment. The two cases cited by the learned counsel for the complainant Smt. ReshmaBhagat&Anr. Vs. M/s. Supertech Ltd. (supra), and Anupam Chakraborty &Anr.Vs. Supertech Ltd. &Ors.(supra) also supports the contention that the complainant is entitled to refund of the full amount paid.