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R.K.AGRAWAL, S.M.KANTIKAR, BINOY KUMAR
Sumeet Ahuja – Appellant
Versus
BPTP Ltd. – Respondent


Counsel for the Parties:
For the Complainant:Mr. Sudhir Mahajan and Mr. Praveen Mahajan, Advocates
For the Opp. Party:Mr. Pragyan Pradip Sharma and Ms. Nidhi Tewari, Advocates

ORDER

1. The present Consumer Complaint has been filed under Section 21 read with Section 12(1)(a) of the Consumer Protection Act, 1986 (for short “the Act”) by Complainants being co-allottees against Opposite Party, M/s. BPTP Limited (hereinafter referred to as the OP Developer) seeking possession of the allotted plot along with compensation or in the alternate refund of the amount paid towards purchase of Plot alongwith interest and costs as the Opposite Party Developer failed to deliver the Possession of the Plot within stipulated period.

2. The facts leading to filing of the present Complaint are that one Mr. Subhash Agrawal (hereinafter referred to as the ‘Original Allottee’) was allotted Plot No. C-264 in project “Amstoria Plots” proposed to be developed by Opposite Party Developer in Gurgaon, Haryana, tentatively admeasuring 225 sq. yrds. (188.130 sq. mtrs.) having basic sale price of Rs.38,250/- per sq. yrds. The allotment was transferred to present Complainants from Original Allottee vide letter dated 15.06.2011 by the OP Developer. Subsequently, Plot Buyer’s Agreement (hereinafter referred to as the Agreement) was executed between the Complainants, OP Developer and M/s. C

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