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K.S.CHAUDHARI
GIRISH JAIN – Appellant
Versus
DLF UNIVERSAL LTD. – Respondent


Advocates Appeared:
Meenakshi Midha, Advocate, for the Appellant; H.L. Tiku, Sr. Adv. with Aditya Narain, Seema Sundd, Devina Arora and Arnav Narain, Advocates, for the Respondent

ORDER

K.S. Chaudhari, (P.M) - Complainants filed complaint against OP along with I.A. No. 8410 of 2014 for grant of stay and submitted that complainants owner of one acre land entered into an agreement on 28.2.2007 with OP builder to develop land and as per agreement, 45% of the total super built area was to be given to complainants and 55% was to be retained by OP. It was further submitted that OP misused his dominant position and allotted scattered, unviable and undesired portions to the complainants which were left over after selling of a substantial portion to the third parties, so, OP may be restrained from creating any third parties interest till pendency of complaint. OP filed reply and submitted that dispute raised by complainant pertains to commercial complex; hence, this Fora has no jurisdiction to entertain the complaint. It was further submitted that office area of 43191 sq. ft. and retail area of 2616 sq. ft. has been allotted to the complainants vide letter dated 10.7.2012 which has been acknowledged by complainants vide letters dated 12.7.2012 and 17.7.2012 and this area has been allotted in pursuance to letters of complainants dated 16.12.2010 and 4.1.2012. Neither p

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