AASHU GANDHI Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The present Complaint has been filed by the Complainants with the prayer that the Opposite Party be directed to refund their deposited amount of Rs.1,46,41,920.00 (Rupees One Crore Forty Six Lakh Forty One Thousand Nine Hundred Twenty only) along with penal interest of 18% p.a. from the date of the receipt of the payments made to the Opposite Party and also to pay a sum of Rs.10.00 Lakhs (Rupees Ten Lakhs only) towards mental agony and harassment etc. and a sum of Rs.1.00 lakh (Rupees One Lakh only) towards litigation costs.

(2.) The brief admitted facts of the case are that the Complainants had booked a unit No.IG-07-0203 in the project called "The Imperial Gardens" at Sector 102, Gurgaon of the Opposite Party. The consideration price of the unit was Rs.1,55,79,497.00. The Complainants paid a sum of Rs.10.00 Lakhs as a booking amount on 29/12/2012. A Provisional Allotment Letter was issued to the Complainants on 28/2/2013. The Complainants continued to pay the money as per demands of the Opposite Party on various dates and Builder Buyer's Agreement was executed on 12/6/2013. As per clause 14(a) of this Agreement, the possession of the unit was to be delivered within 45 months (including the grace period of three months) from the date of start of the construction. The Opposite Party started the construction on 11/11/2013. The Complainants since had opted for the construction linked plan duly followed the payment plan.

(3.) The contention of the Complainants is that they had never received any update from the Opposite Party regarding the stages of the construction, although the Opposite Party had collected a sum of Rs.1,31,30,374.00 from them by November 2016. As per the Clause 14(a) of the Agreement, the Opposite Party was to deliver the possession by 11/8/2017 but they had failed to do so and they continued to ask for money from the Complainants and Complainants continued to make the payment. The Complainants also learnt that the construction work at the spot was not as per the promise and was going on in a very slow pace and that the Opposite Party was not in a position to hand over the possession in near future. They filed the present Complaint demanding the refund of their deposited amount along with compensation and litigation costs.