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V.K.JAIN
Ansal Housing & Construction Ltd. – Appellant
Versus
Mahipal Singh Mann – Respondent


Counsel for the Parties:
For the Appellants:Mr. Rajesh Ranjan, Ms. Kridika Sachdeva and Mr. Tapas Tyagi, Advocates
For the Respondent Nos.1 and 2:Mr. Himanshu Gupta and For the Respondent:Ms. Shweta Kapoor, Advocates

ORDER

V.K. Jain, Presiding Member—The complainant / respondent booked a residential flat with the appellants in Woodbury Apartment, Zirakpur for a total consideration of Rs.32,84,541/-. Vide allotment letter dated 22.10.2008, residential flat No. 402 in the said project was allotted to him on the terms and conditions annexed to the said letter. As per Clause-22 of the terms and conditions, the appellants was to endeavour to give possession within a reasonable time from the date of the allotment letter, subject to the force majeure circumstances, including delay in the grant of part / full occupancy certificate. The following was the payment plan, agreed between the parties:

1. Down Payment Plan.

At the time of application/allotment of plot

15%

Within 45 days of allotment

80%

At the time of offer of possession along with other charges

05%

2. The complainant also took a loan from Dewan Housing Finance Corporation Limited for making payment to the appellants and mortgaged the allotted flat to the said company. Since the possession of the flat was not offered t










































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