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J.M.MALIK, S.M.KANTIKAR
ANIL KUMAR BATTA – Appellant
Versus
UNITECH HI-TECH DEVELOPERS LIMITED – Respondent


Advocates Appeared:
Mr. Atul Sharma, Mr. Yogesh Gupta and Ms. Isha J. Kumar, Advocates, for the Appellant; Mr. Haider Abbas, Advocate, for the Respondent

ORDER

Mr. Justice J.M. Malik, Presiding Member - Sh. Anil Batta and his wife Mrs. Ritu Batta booked a flat with Unitech High-Tech Developers Ltd. known as Burgundi Project. The OP allotted an apartment No. 602, Floor 06, Burgundi Tower-2 situated in Sectors 96, 97 and 98, Noida measuring 414.81 sq. metre in favour of the complainants. The total price of the flat was Rs. 02,53,45,246. The payment schedule was:

Payment Description Due Date Amount (in Rs.)

On Booking/Registration 16.8.2010 25,41,974

Within 45 days of Registration/Allotment 30.9.2010 2,15,32,282

On final notice of possession 12,70,990

Total Payable 2,53,45,246

The copy of the allotment letter has been annexed with this complaint as Annexure Cl.

2. The complainants paid a sum of Rs. 77,50,531 towards the part payment for the flat. The complainants also obtained housing loan from ICICI Bank under subvention scheme wherein the complainants had the benefit of paying interest on the loan amount only after the period of 24 months from the date of disbursement. The bank paid the loan amount to the OPs directly. It was agreed that complainants would be handed over the possession within period of 30 months from the han

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