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2025 Supreme(Online)(SCDRC) 10094

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Mr. Rajesh K. Arya, Member, Mr. Preetinder Singh, Member
Hira Singh Thakur and Shyama Thakur – Appellant
Versus
Manohar Infrastructure & Constructions Pvt. Ltd – Respondent


Advocates:
For the Complainants: Vishal Satija
For the Respondents: Samridhi Goyal, proxy for Anil Mehta

PER RAJESH K. ARYA, PRESIDING MEMBER

Brief facts:-

It is the case of the complainants that the complainants showed their interest for allotment of a house with the opposite parties, who allotted an independent floor, measuring 1560 sq. ft., in their project namely “THE PALMS”, New Chandigarh for total sale consideration of 65,50,440/-. However, no allotment was issued despite various requests. Buyers Agreement was executed between the parties on 21.03.2018 for Unit No.606 SF measuring 1560 sq. ft. in the aforesaid project. The opposite parties confirmed receipt of the above amount in the conveyance deed, which was got executed on 27.03.2018. It has been stated that the opposite parties gave physical possession of the flat, without possession letter and without obtaining the completion and occupational certificate from the competent authority, which is in contravention of settled proposition of law that the possession cannot be handed over without obtaining these certificates. The complainants have also alleged that the most of the terms and conditions of the buyers agreement are one sided and totally favoring the opposite parties and against their interest. It has further been stated

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