J.M.MALIK, S.M.KANTIKAR
Subhash Chander Mahajan – Appellant
Versus
Parsvnath Developers Ltd. Through its Managing Director – Respondent
J.M. Malik, Presiding Member —This order shall decide two cases detailed above. The facts of both the cases and law points involved herein are similar. Therefore, both these cases are being decided through a common judgment.
2. The case of the complainants, Sh. Subhash Chander Mahajan and Sh. Aditya Mahajan, in complaint No. 144 of 2014 is this. They booked a Three-Bed Room residential Flat No. 1402, measuring 1855 sq. ft in the Parsvnath Privilege Complex situated in Plot No.11, Sector P-1, Chauraisin Estate, Greater Noida. Both the complainants were issued a provisional allotment letter dated 23.02.2007. It was agreed that the flat would be completed within a period of 36 (thirty-six) months from the date of commencement of construction. The Agreement has been attached as Ex.P-2, in this case. It was also agreed that if there was delay in construction of the flat, beyond the period, as stipulated, the Parsvnath Developers/OP would pay to the complainants Rs.5/- per sq. ft, per month, for the period of delay of the agreement. The complainants made full payment towards the flat in question in May, 2007, under the Down Payment Plan, Plan-A. “A provision for 10% rebate was als
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