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R.K.AGRAWAL, S.M.KANTIKAR
Kshitij Jain – Appellant
Versus
Emaar MGF Land Ltd. – Respondent


Counsel for the Parties:
For the Complainants:Mr. Nithin Chandran and Ms. Adithya Ramani, Advocates
For the Opp. Party:Mr. Rajeev Agarwal, Advocate

ORDER

In the Project, christened as “The Enclave” situated at Sector-66, Gurgaon, Haryana, admeasuring super area 1920 sq. ft., launched by the Opposite Party, a Residential Unit, being Unit No. TEN-P-F01-03, was purchased by the Complainants in order to provide their family with quality standard of living in a spacious apartment. The Complainants are the subsequent Buyers of the Unit that had been purchased by them from one Ms. Archana Tanwar (hereinafter referred to as the Original Buyer) on 05.07.2013. Initially, the Original Buyer had booked one such Unit in the Project known as “The Meadows” of the Opposite Party but on the option given to her by the Opposite Party vide letter dated 08.06.2009 (Annexure C-2), the booking was transferred to a new Project, namely, “The Enclave” and the Unit in question had been allotted to her vide Provisional Allotment Letter dated 13.01.2010 (Annexure C-3). The sale consideration for the said Unit was Rs.62,36,784/- and the amount of Rs.60,33,230/- paid by her towards the initial Unit had been adjusted towards the consideration of the new Unit in question. On 14.09.2010, the Apartment Buyer’s Agreement, hereinafter referred to as the Agreement

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