MUZAMIL MATTOO Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Section 12(1)(a) of the Consumer Protection Act, 1986 (for short "the Act") by Muzamil Mattoo and Mrs. Neha Godara (hereinafter referred to as the Complainants) against Opposite Party, M/s. Emaar MGF Land Limited (hereinafter referred to as the OP Developer), seeking possession of the Unit alongwith compensation for delay in delivery or in alternative refund of the amount paid towards purchase of Unit alongwith interest and costs as the Opposite Party Developer failed to deliver the Possession of the Unit within stipulated period, which was booked by them in the Project launched by the Developer in the name and style of "Emerald Floors" located at Sector--65, Urban Estate, Gurgaon, Haryana.

(2.) It has been averred in the Complaint that the Opposite Party Developer launched a Residential Project in the name and style of "Emerald Floors" located at Sector--65, Urban Estate, Gurgaon, Haryana (hereinafter referred to as the Project). The Complainants booked a Unit in the said Project by paying a booking sum of Rs. 10 lakh to the OP Developer. Vide provisional allotment letter 13.09.2011, the Complainants were allotted Unit No. EFP-III-46-0402 for a sale consideration of Rs. 96,43,200.00 exclusive of EDC and IDC. Buyer's Agreement (hereinafter referred to as the Agreement) was executed between the Parties on 09.03.2012, in which total sale consideration was mentioned as Rs. 1,04,00,200.00 . As per Clause 11 of the Agreement, the delivery of the possession of the Unit was to be offered within 24 months with a grace period of 3 months from the date of the execution of the Agreement, i.e., by 09.07.2014. The Complainant had deposited Rs. 88,53,372.00 on different dates upto the date of filing of the Complaint, as per demand of the Opposite Party Developer. Despite that the Opposite Party Developer miserably failed to deliver the possession of the Unit within stipulated period. It is also averred in the Complaint that the Complainants have availed Home Loan of Rs. 65 lakh from the HDFC Bank Limited and are paying interest @10.15% on the said loan to the Bank. After lapsing a long period of more than 6 years from the date of execution of the Agreement and having made huge payment of Rs. 88,53,372.00 , i.e., major part of the sale consideration, the Complainant raised query for actual date of possession, the OP Developer without assigning any reason for the delay, kept postponing the delivery date of the said Project on one pretext or the other. Alleging deficiency in service and Unfair Trade Practice on the part of the Opposite Party Developer, the Complainant has filed the present Consumer Complaint with the following prayer:-

(3.) The Complaint was resisted by the Opposite Party Developer by filing its Written Statement in which it was stated that the Complainant is resident of Mumbai and has purchased the Unit in question to reap financial benefit thus the Complainant does not fall within the ambit of a 'consumer'. It was further stated that the development work got slowed as many allottees including the Complainants have committed defaults/delayed in making payments to the OP Developer; OP Company has undergone re-structuring and the Contractor was also liable for the delay as it did not complete the work in time-bound manner. Therefore, the delay in construction is due to the reasons which were beyond the control of the Developer. It was further stated that the Complainants are entitled for delay compensation in terms of Clause 13 the Agreement and not more than that.