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C.VISWANATH, RAM SURAT RAM MAURYA
Sunil Monga – Appellant
Versus
Parsvnath Developers Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainants:Ms. Monika Shahi, Advocate
For the Opp. Party:Mr. Prabhakar Tiwari, Advocate

ORDER

Heard Ms. Monika Shahi, Advocate, for the complainants and Mr. Prabhakar Tiwari, Advocate, for the opposite party, through video conferencing.

2. Sunil Monga and others (the complainants) filed this complaint for directing Parsvnath Developers Limited (the opposite-party), (hereinafter referred to as the builder) (i) to refund an amount of Rs. 2,63,01,614/- (principal amount of Rs.1,04,28,761/- + interest of Rs. 1,58,72,853/-) along with pendent lite and future interest @ 18% per annum, (ii) to pay exemplary damage of Rs.10,00,000/-, (iii) to pay the cost of litigation and (iv) any other relief which the Commission deems fit and proper, in the circumstances of the case, be passed.

3. The facts as stated in the complaint are that the builder was a company, engaged in the business of development and construction of multi-story residential and commercial buildings and selling its unit to the prospective buyers. The builder launched for construction of residential complex in the name of “Parsvnath Exotica” at village Wazirabad, in Sector-53, Gurgaon, Haryana, in 2012. The complainant booked a 3BHK flat, admeasuring of 2810 Sq. ft, in “Parsvnath Exotica” in June, 2006 and was allo

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