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Per Justice Sham Sunder (Retd), President   The facts, in brief, are that Opposite Party No.1 had widely advertised its project of a township in the name of Parsvnath Prideasia, Rajiv Gandhi Chandigarh Technology Park, Chandigarh, envisaging sale of residential units to be developed and constructed by it, on the land of Opposite Party No.2. Opposite Parties No.1 & 2 entered into Development Agreement dated 6.10.2006, wherein, it was agreed that the Developer i.e. Opposite Party No.1 would develop the land and construct thereon the project comprising residential, commercial and other related infrastructure in accordance with the detail provided in the Development Agreement. Opposite Party No.1 had even constructed a sample flat at the site enabling the public to take decision in purchasing the same. It was also stipulated that the construction of the residential units was likely to be completed within a period of 36 months, from the date of signing the Development Agreement, which was signed on 6.10.2006. The complainants, impressed by the brochure, jointly applied for allotment of residential unit in Category C, bearing No.C5-PH 3 on 3rd floor in Block No.C-5 consisting of 3 bedrooms, one drawing/dining room, kitchen, 3 toilets, lawn etc. , which was allotted to the complainants, vide allotment letter dated 28.9.2007, copy whereof is Annexure C1. It was stated that the complainants paid a total amount of Rs.55,12,500/- to the Opposite Parties, vide receipts, copies whereof are Annexure C-2 to C-2B, upto 30.11.2007, which was kept in Escrow Account maintained by the Opposite Parties in the ratio of 70% and 30% respectively, It was further stated that after the receipt of part payment, Flat Buyer Agreement dated 25.1.2008 was entered into amongst the parties, copy whereof is Annexure C3. It was further stated that the complainants wrote letter dated 18.8.2009 to the Opposite Parties stating therein that the Opposite Parties were to deliver possession of the flat upto 6.10.2009, but they failed to offer possession of the same, copy whereof is annexure C4. It was further stated that Opposite Party No.1 vide letter dated 14.9.2009, copy whereof is annexure C5, in reply to the letter of the Complainants dated 18.8.2009, stated that due to delay in possession of land by Opposite Party No.2, it was unable to construct the flat. It was further stated that the complainants visited the site and found that the Opposite Parties failed to construct the flats and even the foundation was not laid at the site.