signee to the Buyer's Agreement, on an application moved by the complainant for substitution of name, the Opposite Parties vide letter dated ... maintenance and executed all documents under protest and with amendments etc. It was also stated in the application that there is no dispute
appellant submitted that before
the District Forum, on 8.5.2012, he filed an application under Section
13 of the Consumer Protection Act, to the effect that ... amount
under protest through Court, so that he may claim the said amount in
the instant complaint. In reply to the said application respondents
complainant when she signed the application for allotment and further vide letter of demand dated 12.07.2008. There was no protest from the side ... should be treated as cancelled. OP relied upon clause 17 of the application of allotment providing that the terms and conditions of the flat buyer
conditions of the LOI and
complainant had accepted the amount without any protest,
therefore, now he is not consumer of the Ops; the complaint ... record that alongwith the
Consumer Complaint No. 652 of 2017 4
application form, he had deposited 10% as earnest money
Observation Report dated
06.06.2016 of Shri Utkarsh Shingwekar, Surveyor and Loss Assessor, application
dated 14.12.2017 filed by appellant (O.P.) along with affidavit of Pratap ... stage,
no prejudice would be caused to the respondent (complainant). Therefore, the
application filed by the appellant (O.P.) under Order 41 Rule
years therefrom. From
30.04.2015 to 01.06.2017, he did not lodge any protest against the
above said deduction made by the opposite party and he suddenly ... month of June, 2017, the limitation period is not extended. Even no
application for condonation of delay has been filed, along with the
complaint. Thus
territorial jurisdiction to try the complaint. The
complainants themselves filled the booking application dated
02.09.2010 by booking three bedroom flat having super area ... terms of flat buyer's
agreement without any sort of protest. The key of the said flat was
handed to complainant
filed on behalf of the opposite party. Thereafter, the complainants filed
an application for appointment of an independent Architect, as a Local
Commissioner, and reply ... opposite party
and the case was fixed for consideration on that application. However,
in view of the judgment of the Hon'ble National Commission
that he has applied for independent house. Money was deposited under protest hence, the Forum below has rightly allowed the claim.
Heard the learned counsel ... Registration Scheme 1979. The contention of the appellant is that as per application form Ex. R 1 the respondent has applied for house/flat
money as Rs. 7,98,526/-. It was also agreed, as per
application form, that 15% of the total costs of each flat shall constitute ... complainant agreed to accept the refund after the said deduction,
without any protest.
4. It was also pleaded that the SIDCUL (State Infrastructure and
Industrial
