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K.S.GUPTA, P.D.SHENOY
Jag Mohan Chhabra – Appellant
Versus
DLF Universal Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainants:Shri K.P.S. Rao, Advocate.

ORDER

K.S. Gupta, Member—Complainant Nos. 1 & 2 booked on 27.8.1990, Town Houses proposed to be constructed by the opposite party on the ground, first and second floors of Plot No.B3/20, DLF-I, Gurgaon. Possession thereof was to be given to the complainants within 3½ years from the date of booking. An agreement dated 30.7.1991 was also executed between the parties. Complainants further booked on 14.11.1995 an apartment bearing No. 308B proposed to be constructed by the opposite party in the name and style of “Hamilton Court” in Gurgaon. Possession of the said Town Houses was taken by the complainants on 15.9.2003 under protest. It is alleged that Town Houses had deficiencies in construction and design. In para No. 5 of the complaint, the break up of the amount claimed has been shown thus:

“(a) A sum of Rs. 62,08,000 on account of loss of rentals from 30.1.1995 till 15.9.2003 (at an average of Rs 7,20,000 per annum) due to delay in handing over the possession of the Town Houses to the complainants.

(b) A sum of Rs. 99,50,000 payable as interest on total cost or the Town Houses i.e. Rs. 57,70,000 from 30.1.1995, the date of Agreement No.1 till actual hand over of the possession o








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