MAHESH MALIK Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) Heard Mr. Dinkar Singh, Advocate, for the complainant in the complaints and Mr. Aditya Narain, Advocate in CC/102/2015 and Mr. Krishnan Venugopal, Sr. Advocate, assisted by Mr. Sumit Sharma, Advocate, in CC/1075 of 2016, for the opposite party.

(2.) Mahesh Malik has filed CC/102/2015 for directing EMAAR MGF LAND LIMITED (i) to handover possession of developed plot bearing No. "Coral-53" (area 500 Sq. yard, corner plot, one side 60 meter wide road and other side 24 meter wide road), in the project Emerald Hills, Villa Plots, Sector-65, Urbana Estate, Gurgaon as per specification of the agreement, within 45 days from the notice to the opposite party, on payment of balance consideration of Rs.1983290/-, (ii) to pay interest @24% per annum from 22.12.2012 till the date of actual delivery of possession, or (iii) to refund entire amount of Rs.39854210/- to the complainant, in case, the opposite party is not in position to hand over possession within 45 days and pay compensatory interest @24% per annum, on the aforesaid amount from the date of each deposit till actual payment, (iv) to pay compensation equivalent to 10% of the aforesaid amount, for resorting unfair trade practice and (v) any other relief which may be deemed fit and proper, in the facts and circumstances of the case. This plot was booked on 10.12.2010.

(3.) The opposite party filed its written reply in the complaint on 08.04.2015 and contested the complaint. The opposite party filed IA/10981/2019, for leave to serve interrogatories upon the complainant and sought direction to the complainant to reply it. Along with IA/10981/2019, two interrogatories i.e. (i) What are the properties owned by the complainant either individually or jointly in India? To give specific details with the dates of its purchase. (ii) Had the complainant purchased or sold any property in last 10 years? To give specific details with the dates of its purchase and sale. This Commission, vide order dated 15.07.2019, directed the complainant to file an affidavit, disclosing therein all the properties owned or booked by him on or before the date on which the plot in question was booked and particulars of the properties disposed of by him.