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V.K.JAIN
Vimal Marwah – Appellant
Versus
Logix Infratech Pvt. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainants:Mr. Deepak Kohli, Advocate
For the Opp. Party:Mr. Nitish K. Sharma, Advocate

ORDER

V.K. Jain, Presiding Member—The complainants applied to the opposite party Logix Infratech Pvt. Ltd. for allotment of residential apartment in a project namely ‘Blossom Greens’, which the opposite party was to develop in Sector 143 of Noida. Vide allotment letter dated 21.7.2011, apartment No. K 601 in the above referred project was allotted to them for a consideration of more than Rs.1.00 crores. The parties then executed a flat-buyers agreement dated 25.8.2011, incorporating their respective obligations in respect of the said transactions. As per Clause 17 of the terms and conditions of allotment, the developer was endeavour to complete the construction and deliver possession within a period of eighteen months, though a grace period of six months was also available for this purpose. Thus, the possession ought to have been delivered within two years from the execution of the agreement on 25.8.2011. The grievance of the complainants is that the possession of the allotted flat has not even been offered to them despite they having already paid Rs.96,74,631/- to the opposite party. The complainants are therefore, before this Commission, seeking refund of the said amount, with com

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