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V.K.JAIN, B.C.GUPTA
Indraprastha Promoters (P) Ltd. – Appellant
Versus
Unitech Limited – Respondent


Counsel for the Parties:
For the Complainant:Mr. Sushil Kaushik, Advocate
For the Opp.Party:Mr. Sandeep Sharma, Mr. Chandra Shekhar Yadav, Advocates

JUDGMENT (ORAL)

V.K.Jain, Presiding Member—Additional evidence by way of affidavit has been filed by the opposite party, which is taken on record.

The complainant which is a company incorporated under the Provisions of the Companies Act 1956, booked a residential plot which the opposite party was to develop in its Uniworld City Project in Sector- 97, 106 &107 of Mohali, Punjab, on 31.01.2008, paying a sum of Rs. 12,50,000/- to the opposite party. The said opposite party provisionally allotted plot no. 79 admeasuring 420 sq. mtr. in block-A in Sector 106, to the complainant Company. As per the terms and conditions for registration of provisional allotment, the possession of the plot was to be delivered by the opposite party to the complainant within 36 months from the date of signing of the agreement to sell, subject to force-majeure circumstances and upon registration of the sale deed, provided all the amounts due and payable had been paid to the opposite party. Another condition of the registration was that the opposite party would pay to the allottee Rs. 50 per sq. yard per month of area of the plot, for any delay in offering possession of the plot beyond the period stipulated ther















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