LAWS(NCD)-2020-3-30

KAMAL CHATTERJEE Vs. EMAAR MGF LAND LTD

Decided On March 17, 2020
KAMAL CHATTERJEE Appellant
V/S
Emaar Mgf Land Ltd Respondents

JUDGEMENT

(1.) The Complainants in these matters are allottees of residential flats in a Project namely "Emerald Floors Premier" at Emerald Hills, which the Opposite Party was to construct on the land comprised in Village Maidawas, Sector 65 of Gurgaon. The following are the particulars provided by the Complainants giving the details of the flats allotted to them, the date on which Builder Buyer Agreements (For short 'BBA') were executed, the Sale Consideration agreed between the Parties and the payment made so far to the Opposite Party:-

(2.) The Complaints have been resisted by the Opposite Party on several grounds but, those grounds are stated to have already been considered and rejected in CC No. 34 of 2015 Jivitesh Nayal & Anr. Vs. M/s. Emaar MGF Land Ltd. & connected matters decided on 02.11.2017. Hence, the said grounds need not be examined again in these Consumer Complaints.

(3.) The decision of this Commission in the case of Jivitesh Nayal & Anr. Vs. M/s. Emaar MGF Land Ltd. (supra) to the extent it is relevant reads as under:-