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J.M.MALIK, S.M.KANTIKAR
PRABHAT VERMA – Appellant
Versus
UNITECH LIMITED – Respondent


Advocates Appeared:
Mr. Saksham Marwah and Mr. Uttam Datt, Advocates, for the Complainants; Mr. Sandeep Sharma, Advocate, for the Opposite Party No. 1; Mr. Rishabh Sahu, Advocate and Mr. Aju Ashok, Auth. Rep, for the Opposite Party No. 2

ORDER

Mr. Justice J.M. Malik, Presiding Member—This is yet another case of 'allotees/consumers' dispute with the famous developer/builder. Sh. Parabhat Verma and Smt. Rachna Verma, the complainants, were jointly allotted a flat admeasuring, 1983 sq.ft by the Unitech Limited-Opposite Party No. 1, in their project named as 'The Escape' in Gurgaon. As a matter of fact, the complainants got this flat in resale. The original allottee had entered into an agreement with the Opposite Party No. 1 on 30.8.2006 and the time for delivering the possession of the same was 36 months from the date of entering into the agreement. On 27.9.2010, the allotment was transferred in favour of the complainants. The complainants were transferred flat No. 201, in Tower No. 7, Unitech Escape, for a total consideration of Rs. 1,02,62,382 only. The complainants paid a sum of Rs. 95,00,000 towards part payment of consideration of the flat. A true copy of the transfer of ownership/allotment letter dated 27.9.2010, is placed on record as Annexure A-1.

2. It is noteworthy that no fresh agreement was executed with the complainants. It was represented that HDFC Bank is the partner bank of OP-1 for this project and that

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