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SUDIP AHLUWALIA
Meera Yadav – Appellant
Versus
Emaar Mgf Land Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Aditya Parolia, Advocate, Ms. Sumbul Ismail, Advocate, Ms. Priya, Advocate
For the Opp. Party:Mr. Rajeev Agarwal, Advocate

ORDER

Sudip Ahluwalia, Presiding Member—The Complainants had booked a Duplex Apartment in the Project “Palm Gardens” constructed/developed by the Opposite Party by filling an Application Form dated 27.8.2011 and paying a booking amount of Rs. 10,00,000/-, for a total consideration of Rs. 1,33,46,079/-. The Opposite Party issued a Provisional Allotment Letter dated 6.9.2011 whereby the Complainants were allotted Apartment No. PGN-11-0003 measuring a super area of 3750 sq.ft. approx. A copy of the Buyers Agreement was sent to the Complainants for execution. However, in the midst of executing the Buyers Agreement, the Opposite Party informed the Complainants that due to inability in receiving the requisite approvals for building a Duplex Apartment, the Apartment allotted to the Complainants was being converted into a 4-BHK single Unit measuring a super area of 1900 sq.ft. The Complainants accepted the change in Apartment from Duplex to a Single Floor Apartment. The Opposite Party issued a new Allotment Letter dated 19.1.2012 whereby the Apartment allotted to the Complainants remained the same, however, the super area was changed from 3750 sq.ft. to 1900 sq.ft. Thereafter, the Opposite

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