MOHAN MAMTANI Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) Th e present Consumer Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") against the Opposite Party M/s Emmar MGF Land Limited and Others (hereinafter to be referred as the Opposite Parties) seeking delay compensation @18% for delay in delivery of possession of the Unit.

(2.) The brief facts leading upto the present Complaint are that the Complainant booked a Residential Unit(hereinafter to be referred as the Unit) in the Project of the Opposite Party called "Palm Terraces" Sector 66, Gurgaon on 24/4/2010 for a total consideration of Rs.1,26,21,450.00. The Complainant was allotted Unit No. PTF-19-0102 on First Floor in Tower/Block 19 admeasuring 2100 sq.ft. The Opposite Party No. 1(Emmar MGF Land Limited) and Opposite Party No. 2(M/s Conscient Infrastructure Private Limited) executed Buyer's Agreement (hereinafter to be referred as the Agreement) with initial allottee(Mr. Nishant Agarwal) on 20/1/2011. As per clause 14(a) of the Agreement which read as under:

(3.) The Complainants submitted that they entered into an Agreement to Sell and Purchase with the Initial Allottee on 4/4/2017 for the purchase of the Unit in the Project for a total consideration of Rs.1,64,22,323.00. As per the terms of the Agreement of Sell and Purchase, all the rights, titles and all other interests with all benefits, easement, privileges and appurtenances vested in the Initial Allotee were transferred in toto in the name of the Complainants. The Agreement was endorsed in favour of the Complainants on 22/5/2017 and a Nomination Letter was issued to the Complainants on 3/6/2017.