RAMESH MALHOTRA Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The complainants, two of whom are senior citizens, booked a residential flat with OP-1 Emmar MGF Land Limited in a project namely Imperial Garden, which the builder was to develop in Gurgaon, on 26.02.2013, making an initial payment of Rs. 10 lakhs. Consideration for the flat was agreed at Rs. 1,68,19,512/-. A provisional allotment letter dated 27.02.2013 was issued to the complainants followed by execution of agreement on 15.04.2013. As per clause 14(a) of the agreement the possession was to be delivered within 42 months from the start of construction though a grace period of three months was also available to the builder. The payment was to be made in installments linked with the progress of the construction. The case of the complainants is that the terms of the buyers agreement were wholly one sided and they had taken a loan of Rs 1 crore from OP-2 HDFC Bank for making payment to the builder for which tripartite agreement was also executed on 30.03.2015.

(2.) The possession was offered to the complainants vide letter dated 30.10.2018 followed by a reminder dated 11.12.2018 and additional payment was demanded from the complainants while offering possession. The complainants, however, are not interested in taking possession of the flat and have approached this Commission by way of this consumer complaint seeking refund of the amount paid by them to the builder along with interest and compensation etc. This is also their case that the flat in question was booked for complainant number 3 who is son of complainants number 1 and 2 and seeing the failure of the builder to complete the timely construction he has left for abroad and, therefore, they do not need this flat any more.

(3.) The learned senior counsel appearing for the builder submits that the flat allotted to the complainants is still available with them and its possession can be given to the complainants on payment of the balance amount due from them. He also submits that the occupancy certificate was obtained by the developer on 17.10.2018 before offering possession to the complainants. Thus, in a nutshell, the developer is ready and willing to give possession on payment of the balance dues.