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J.M.MALIK, S.M.KANTIKAR
APS International Private Limited – Appellant
Versus
Emaar Mgf Land Limited – Respondent


Advocates:
Counsel for the Parties:
For the Complainants:Mr. B.B. Singh Sobti, Advocate With Ms. Sakie Jakharia, Advocate.

ORDER

J.M.Malik, Presiding Member—The key controversy swirls around the question of maintainability of this complaint, i.e., “Whether, M/s. APS International Private Limited, the complainant, is a consumer under Section 2(1)(d)(i) and (ii) with the Explanation appended to it, of the C.P. Act, 1986?”.

2. The complainant, has filed the present complaint, on 06.07.2015. Sh. P. Prem Kumar Gupta, the complainant No.2 is its Managing Director and vide Resolution dated 15.05.2015 passed by the company, he has been authorized to file this case. On 17.01.2008, the complainants paid an amount of Rs.31,74,906/- to M/s. Emaar MGF Land Ltd., the OP, towards registration amount for shops/commercial area measuring 5858 sq.ft., in Mohali Hills, Sector-105, SAS Nagar, District Mohali, Punjab, while executing the advance registration form for expression of interest, marked as Annexure C-1. On 06.02.2008, both the parties entered into a Central Plaza Premises Buyer’s Agreement, Annexure C-2, whereby they impressed upon the complainants to purchase commercial area being Unit No.55 measuring 5858 sq.ft. on different floors and for each floor, the OP entered into separate Central Plaza Premises Buyer’s Ag






































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