EMAAR MGF LAND LTD. Vs. KAMAL KAD

JUDGEMENT

(1.) The present Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act") by M/s Emaar MGF Land Limited and Another (hereinafter referred to as the 'Appellants/Opposite Parties') assailing the Order dtd. 18/12/2019 passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (hereinafter referred to as the 'State Commission') in Complaint No. 822 of 2016, whereby the Complaint filed by the Complainant was partly allowed.

(2.) Brief facts of the case as narrated in the Complaint are that the Respondents/Complainants (Mr. Kamal Kad & Mrs. Aruna Kad) booked a Plot in the Project 'Mohali Hills' of the Opposite Parties situated in Augusta Park, Sector 109, SAS Nagar, Mohali. The total consideration of the Plot was fixed at Rs.36,19,104.00(Thirty Six Lakh Nineteen Thousand One Hundred and Four Only). The Respondents paid Rs.10,35,000.00 (Ten Lakh Thirty Five Thousand Only) as booking amount on 29/9/2006. The Respondents stated that between the 29/6/2007 to 16/3/2009 they had cleared the total consideration amount but last amount of Rs.1,72,500.00 was waived off by the Appellants.

(3.) The Respondents/Complainants stated that the Plot Buyer's Agreement (Hereinafter referred to as the Agreement) was executed on 20/6/2007. As per clause 8 of the Agreement the possession of the Plot was to be given within 2 years from the date of execution of the Agreement. The Relevant portion of the clause 8 of the Agreement reads as under: