MOHAMMAD FAIZAN IQBAL Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 12(1)(a) of the Consumer Protection Act, 1986 (for short "the Act") by Mohammad Faizan Iqbal (hereinafter referred to as the Complainant) against Opposite Party, M/s. Emaar MGF Land Limited (hereinafter referred to as the OP Developer), seeking refund of the amount paid towards purchase of Flat alongwith interest and costs as the Opposite Party Developer failed to deliver the Possession of the Flat within stipulated period, which was booked by him in the Project launched by the Developer in the name and style of "Imperial Garden" located at Sector-102, Gurgaon, Haryana.

(2.) Regarding the contention of the learned Counsel for the Opposite Party Developer that the Complainant is entitled for delay compensation only in terms of Clause 16 of the Agreement and they are ready to compensate the Complainant for delay in terms of Clause 16 of the Agreement, we have gone through the various clauses of the Agreement. Clauses 13 and 16 of the Agreement read as under:-

(3.) Regarding the plea of the learned Counsel for the OP Developer that they have offered the Possession of the Flat on 25/10/2019 and the Complainant is not entitled for refund of the amount, a reference can be made to the Judgments passed by the Hon'ble Supreme Court in Civil Appeal No. 12238 of 2018 Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan & Connected Matter decided on 2/4/2019 and in ' Civil Appeal No. 3182 of 2019 'Kolkata West International City Pvt. Ltd. Vs. Devasis Rudra' decided on 25/3/2019' .