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V.K.JAIN
Kare Electronics and Development Pvt. Ltd. – Appellant
Versus
Roshan Jain – Respondent


Counsel for the Parties:
For the Appellant for Kare Electronics:Mr. Ashwath Sitaraman, Advocate
for the Respondent in FA/387, 388, 390-391, 422, 423, 823-826, 829-831, 834, 835, 1794/2017:Mr. Sahil Sethi and Ms. Nikita Sharma, Advocates
For the Respondent for Other Complainants: Nemo
For the Respondent for M/s Skyline Construction and Housing Pvt. Ltd. & M/s Skyline Property Management Services Pvt. Ltd.:Mr. Rahul Kumar, Advocate for Mr. Nishanth Patil, Advocate

ORDER

V.K. Jain, Presiding Member—The appellant Kare Electronics and Development Pvt. Ltd. (hereinafter referred to as the owner) entered into an agreement with M/s Skyline Construction and Housing Pvt. Ltd. (hereinafter referred to as the developer), whereunder, the developer was to construct residential apartments on the land owned by the appellant. The apartments so constructed by the developer were to be shared between the owner and the developer. Vide a separate Tripartite Agreement between the owner, the developer and the concerned complainant, he agreed to purchase an apartment in the above referred project, for the consideration mentioned therein. The possession of the apartment was to be delivered within 24 months from the receipt of the Commencement Certificate or securing of all necessary permissions, whichever was later. However, the developer was entitled to an extension of time for giving delivery of these flats, if the flat was delayed on account of any of the factors mentioned in clause 5 of the Tripartite Agreement. The construction of the apartments having not been completed and consequently, the possession having not been offered to the complainants, they approac


















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