ANURADHA SETHI Vs. EMAAR MGF LAND LTD

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainant and Ms. Poorvi, proxy counsel for the opposite party.

(2.) The above complaint has been filed for directing the opposite party to refund the total amount of Rs.13546927.00 along with interest @24% per annum from the date of respective deposit till the date of actual payment, Rs.20.00 lacs as compensation for mental agony and harassment, Rs.1.00 Crore as cost of the litigation and any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant stated that Emaar MGF Land Limited (the opposite party) was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of Group Housing Project. The opposite party launched a project in the name of 'Emerald Floors Premier' at Village Maidawas, Sector-65, Urban Estate, District Gurgaon, Haryana. The complainant was in need of residence and she booked a flat on 19/12/2011 and deposited Rs.1000000.00. Thereafter, the opposite party issued provisional allotment letter on 23/12/2011 allotting flat no.EFP-25-0201, area 1975 sq. ft., basic price of Rs.11903325.00. The opposite party thereafter, executed Buyers Agreement on 19/1/2012 in favour of the complainant. As per clause 11(a) of the Buyers Agreement, construction has to be completed within 36 months from the date of execution of the Buyers Agreement with grace period of three months. As per demand, the complainant deposited total amount of Rs.13546927.00 upto September 2017. The due date of possession expired on 19/4/2015. Inspite of taking almost the entire sale consideration, the opposite party has failed to complete the construction and deliver possession of the flat to the complainant. The complainant therefore, filed this complaint for refund of money in January 2018.