...of the consumer complaint is considered as an act of termination of the agreement, then the same was premature. As per Clause 11.5(ii), the respondent flat purchaser could have claimed refund only...Allottee shall have an additional option to terminate this agreement by giving termination notice of 90 days to the Developer and refund of the actual instalment paid by him against the Unit after...from the date of receipt of termination notice of said Unit, refund to the intending Allottee, all the monies received excluding the service tax collected on various remittances, till the date of the...

...note that Clause 17 of the Supply Code which provides for refund of security deposit on termination of the agreement between the consumer and the licencee. The proviso to Clause 17 further provides...that if refund of security deposit is delayed beyond a period of 15 days specified therein, the licencee is obliged to pay interest twice the rate specified in clause 16 (1) from the date of termination...already deposited by them, if interest is also added in terms of the provisions contained in Clause 16 of the Kerala Electricity Supply Code, 2005, no further amount would be required to be deposited...

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...mentioned but in the termination clause and refund policy they stated 30% only after approval of drawings. He had not given any kind of drawings regarding the site or there were no any measurement sketches...& conditions are found. The condition no.13 (termination of contract) says that in the event of cancellation of termination by the customer, the schindler/Opposite party, in addition to all applicable...with a request to provide material storage room as per clause 7. In response to demand for Rs.23,500/- the Complainant took it seriously contending that he had given the amount in round figure...

...Period), then the Allottee shall become entitled to opt for termination of the Allotment/Agreement and refund of the actual paid up installment(s) paid by it against the said Apartment after adjusting...that upon such termination, the Company shall be under no obligation save and except to refund the amounts already paid by the Allottee to the Company, without any interest, and after forfeiting and...the Apartment Buyers to terminate the agreement, and seek refund of the amount paid by them. Clause 21.3 of the Flat Buyers Agreement read in conjunction with the other Clauses of the Agreement would...

...token money of Rs.6,70,250/-. The termination of such contract, at whatever point of time, the clause of arbitration agreement still remained to settle the dispute arising out of the contract.... Therefore, there is no force in the submission that this petition in view of the termination of letter of Intent in question is not maintainable. The agreed document having this clause itself sufficient to...petition. 3 The submission that this Letter of Intent itself is not in existence as it was terminated by letter dated 25.09.2008 by the petitioner and thereby also requested to refund the...

...30.1.2014 sent by the Complainant to the Opposite Parties regarding termination of Membership and refund of the amount paid by her. When nothing positive could come out, the Complainant sent a reminder...is liable to be dismissed. After going through the entire evidence placed before us, we found that the Complainant raised the issue of termination of her membership and refund within few days of the...contract. Clause 6.1 of the Membership Rules deals with Termination. For the sake of precision, the said clause is reproduced below: - 6.1 In the event of termination/cancellation of JJM; the...

.... Thus, it is clear from the termination clause that the member of OP Club was allowed to seek termination/ cancellation of plan membership and refund of the application fee within 10 days from the...per the terms and conditions of the agreement, complainant had also applied for cancellation/termination of the membership within 10 days i.e. stipulated period, and sought refund of the aforesaid...OP, namely Mehak, which clearly indicate that complainant had approached the OP for cancellation/ termination of membership first time on 18.2.2020 and thereafter sought refund of the membership fee...

...developer/estate manager/on expiry of the agreement or upon earlier termination subject to Clause 10 shall refund only the amount as mentioned in Clause 1 herein above paid as interest free maintenance...Act”) read with Order 1 Rule 8 of the Civil Procedure, 1908 against M/s. Mantri Estate Management Private Limited and others (hereinafter referred to as Opposite Parties) for refund of the “refundable...filed under representative capacity as all the Complainants have sameness of interest and common grievance regarding refund of the refundable maintenance deposit.4. The maintenance...

.... It would appear at first blush that the Petitioner is not liable to refund the security deposit since the termination was not in terms of Clause 15 of the Conducting Agreement. However, on this aspect...that he is not liable to refund the security deposit to ABCTCL only because the termination as contemplated in Clause 15 did not take place.24. For the aforementioned reasons, this Court...Court concurs with the learned Arbitrator that the claim of ABCTCL for refund of the security deposit cannot be defeated only because the termination was not in terms of Clause 15 thereof. Further this...

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...executed a bond on 03-05-2014 and submitted to the OPs that she gave up her right title and interest over the booked flat. As per relevant clause of the agreement the vendor would refund the money within...bond stating that she gave up her right title and interest over the booked flat. We find from the Clause 6.9.2 and 6.9.3 of the agreement for sale that in the event of termination of the agreement by...the purchaser, the vendor would refund money paid by the purchaser within 60 days of termination notice without interest after taking 10 percent as damage. We find that the complainant executed the...

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...receipt of notice, and as per clause-9.4 after completion of agreement period and on termination of contract the company is liable to refund the deposited amount within 90 days from the date of....1,400/- towards room charges to the 5Opposite Parties. After termination of membership the Opposite Parties to refund the said amount as per Clause No.9.5 according to their terms and conditions. The...refund the balance 20% within 90 days of termination. Whereas the present complaint the Complainant is not a defaulter, he had paid the total initial amount of Rs.1,25,000/- on 26.04.2009 i.e., agreement...

...refund to THDC the adjustable advance/earnest money mentioned in clause 4.1(i) above within one month of such termination. In the event of failure of the owner to refund the said amount, the owner hereby...refund to THDC the adjustable advance/earnest money mentioned in clause 4.1(i) above within one month of such termination. In the event of failure of the owner to refund the said amount, the owner...clause 4.1(i) above within one month of such termination. In he event of failure of the owner to refund the said amount, the owner hereby agrees to execute a registered sale deed for land of equivalent...

...the Leave and License Agreement under Clause 19.5 after issuance of 30 days' notice by the Appellant on 30.04.2019. It is submitted that in view of the automatic termination of Agreement, it was...present Appeal. Clause 19 of the Agreement which deals with 'events of default entitling the licensor to pre-determine the license' and Clause 21 deals with 'effect of termination/ expiration of the...-determination / termination / expiration of the Agreement, the Licensor shall, within 60 (sixty days) from such termination, refund the entire amount of the interest free...

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..., the NBCC invoked the arbitration clause. The Arbitral Tribunal was constituted. The Arbitral Tribunal passed the award dated 04.11.2011. That the Arbitral Tribunal rejected the NBCC's claim for refund...of two security deposits i.e. Claim Nos. 33 and 34. While holding so, the Arbitral Tribunal held that though termination with reference to Clause 60.1 was bad in law, but justified the termination...with reference to Clause 17.4 of the Contract and consequently rejected the NBCC's claim for refund of two security deposits i.e. claim Nos. 33 and 34. The Arbitral Tribunal also partly allowed Counter...

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