Builder – Earnest money - Forfeiture of  - Cancellation of allotment  - Forfeiture of earnest money on cancellation – Out of amount paid towards price of the plot, builder had sought to refund and repay 2/3 rd along with interest @ 9%  which letter was returned unclaimed in 1993 - Plot with construction had been sold by the builder for an amount much higher than the original agreement - Builder had not suffered any loss or damage yet the amount of earnest money was forfeited - Appellant was liable to pay interest @ 18% per annum on reducing balance of the price of the plot and External Development Charges along with each instalment as also interest @ 20% per annum was liable to be paid on the delayed payments -  Earnest money forfeited and has remained with the  builder for more than 25 years  - Just and  fair that the  builder is directed to pay an amount of Rs. Thirty lakhs to the appellant.   (2019-2)194 PLR 001 

Sale  deed -  Signature of the vendee on the sale/conveyance deed is not mandatory -  Law requires acceptance by the vendee -   Sale deed was presented for registration by the vendor,   who through its duly authorised representative and the two witnesses were present on the date of registration – Vendee had signed the sale/conveyance deed for self and as attorney of the second vendee as also  Photographs were affixed - Signature of the vendor(s) and witnesses are admitted by the appellant -  Acceptance is apparent . (2019-2)194 PLR 001 

 

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