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J.M.MALIK, S.M.KANTIKAR
Niloba Ghanshyam Naik – Appellant
Versus
Lodha Pranik Developers Pvt. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainants :Mr. Nagaraj V. Hoskeri, Advocate.

ORDER

J.M. Malik, Presiding Member—There is a delay of 207 days in filing the instant complaint. The complaint was filed on 1.4.2014, whereas the cause of action had arisen on 21.12.2010 and at the most on 6.11.2011.

2. Learned counsel for the complainants has filed an application for condonation of delay, which also contains the facts of this case on merits, as well. Mr. Niloba Ghanshym Naik and Mrs. Yogita Niloba Naik, husband and wife, respectively, booked 4 BHK flat with the Lodha Pranik Developers Pvt. Ltd.-opposite party No. 1 and its Chairman, Mr. Mangal Prabhat Lodha, opposite party No. 2, M.D. of Lodha Group, Mr. Abhishek Lodha, opposite party No. 3 and Mr. Abhinandan Lodha, Dy. M.D. Lodha Group, opposite party No.4. The consideration of the said flat was Rs.4,90,73,850/- in the building known as “Exclusive Tower-Fiorenza” at Lodha Fiorenza, Goregaon East, Mumbai and accordingly paid a sum of Rs.9 lakh by cheque on 13.11.2010 as part of the total consideration amount and the opposite parties had issued receipt of the same.

3. However, the opposite parties did not execute the registered agreement for sale of the said flat and violated the provisions of Section 4 of the Mahar







































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