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V.K.JAIN
Narayan Ganpatrao Gawande – Appellant
Versus
Milind K. Mhatre – Respondent


Advocates:
Counsel for the Parties:
For the Complainant :Mr. Nagaraj V. Hoskeri, Advocate with Dr. N.G.Gawande and Mrs. S.N. Gawande
For the Opp.Parties : Nemo

ORDER (ORAL)

V.K. Jain, Presiding Member—The complainants, who are husband and wife, entered into a Memorandum of Understanding dated 30.11.2012 with late Shri Milind K. Mhatre, proprietor of Sukushal Builders and Developers, for purchase of a residential flat measuring 1100 Sq.ft. in a building which he was seeking to develop on the land belonging to Parijat Co-operative Housing Society Ltd. and situated at Siddharth Nagar, Goregaon (West), Mumbai. The sale consideration was agreed at Rs.8,000/- per sq.ft. and the complainants agreed to pay 65% of the sale consideration in advance. The balance 35% was payable as per slabs and requirement of the developer. The case of the complainants is that the developer had promised to deliver possession of the flat to them by 31.7.2014. Later on, the area of the flat which the developer was to sell to the complainants, was increased to 1200 sq.ft. The complainants have already paid a sum of Rs.69,78,000/- to the developer who has since expired and is represented by his legal representatives. This is also the case of the complainants that instead of constructing the flat subject matter of the Memorandum of Understanding between them and the devel
















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