AMARJOT SINGH BRAR Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainant and Mr. Sunil Mund, Advocate, for the opposite party.

(2.) Above complaint has been filed for directing the opposite party to pay compensation for delay in possession equal to interest @12% per annum on the deposit of the complainant from November, 2015 till the date of offer of possession, to provide car parking space and to refund the amount charged for car parking space along with service tax with interest @18% per annum from the date of payment, to pay Rs.20.00 lacs, as compensation for mental agony and harassment, to pay Rs.1.00 lac, as cost of litigation, to refund the charges realized in the heads of EDC/IDC, PLC, green cover etc. along with interest @ 18% per annum and any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant stated that M/s Emaar MGF Land Limited (the opposite party) was a company engaged in the business of development and construction of group housing project. The opposite party launched a project in the name of 'Palm Gardens' at Sector-83, Gurgaon, Haryana in the year, 2011 and made publicity of it. On coming to know about this project, the complainant booked a flat and deposited Rs.750000.00 on 2/8/2011. The opposite party issued Provisional Allotment Letter dtd. 11/8/2011, allotting Unit No.PGN-07-12A06, Tower-7, super area 1900 sq.ft., basic price Rs.7634200.00 + Rs.300000.00 for car parking space. The opposite party executed Buyer's Agreement in favour of the complainant in August, 2011, in which total consideration was mentioned as Rs.9591000.00. Under Clause-10(a) of the agreement, the possession has to be delivered within 36 months from the start of the construction with grace period of six months. The complainant deposited the installments according to the demand of the opposite party on time and total amount of Rs.9303280.00 has been deposited. In the present case, the start of construction was on 9/8/2012 as such, the period of 39 months completed on 9/11/2015. Inspite of the substantial payment, the opposite party was unable to hand over possession to the complainant. The opposite party issued letter of offer of possession on 19/3/2018 to the complainant but the project was not in habitable condition. The present complaint has been filed on 10/4/2018.