PAWANDEEP SINGH BAWA Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) THE facts, in brief, are that the complainants, are the husband and wife. They are residents of Chandigarh. From the very beginning they had a daydream of having a house for their residential purpose and also one space/shop in or around Chandigarh, wherein complainant no.2 wife of complainant no.1, who is having a good experience in boutique (handicrafts) could open the same (boutique). It was stated that presently complainant No.2 has been running the boutique, in a small/partial space in SCO No.24, 0tor 26, Chandigarh, which is owned by her father. Consequently, the complainants searched for a project, in which they could get a house for their residential purpose and also a space/shop for running the boutique (handicrafts) by complainant No.2 therein, with the help of complainant no.1, for earning their livelihood by way of self employment, to lead a smooth family life.

(2.) IT was further stated that, in the year 2008 the complainants came to know through various newspapers, marketing emails and telemarketing with regard to launching of mega township by the Opposite Parties, under the name Mohali Hills, Mohali, in Sectors 105, 108 and 109, consisting of residential plots, town houses, villas, commercial, retail shops etc. with salient lavish features. It was further stated that, it was assured by the representative of the Opposite Parties, that possession of the residential plots/villas and space/showroom would be delivered to them within a period of 36 months from the date of signing the Agreement. The Opposite Parties assured the complainants that all the requisite permissions and approvals had been obtained from the Competent Authorities, and would be shown later on.

(3.) IT was further stated that, on such assurances made by the Opposite Parties, the complainants applied to the Opposite Parties vide application Form dated 15.02.2008, for the allotment of a space/shop measuring 1282 square feet, in the Central Plaza, Mohali Hills, Sector 105, S.A.S. Nagar, District Mohali, Punjab and also for one residential unit vide another application. The complainants were allotted one residential unit and one space/shop. Alongwith the said application form dated 15.02.2008, the complainants also paid an amount of Rs.8,88,224/ - i.e. 15% of the sale price of the space/shop towards registration amount vide cheque No.984943 dated 15.02.2008 drawn on the HDFC Bank.