SANJAY MANIDHAR Vs. EMAAR MGF LAND LTD

JUDGEMENT

(1.) This Complaint, under Sec. 21(a)(i) of the Consumer Protection Act, 1986, has been filed by the Complainants, who are the Resale Purchasers/Buyers and have purchased a Residential Unit for their own use from the Original Allottee, against the Opposite Party, namely, Emaar MGF Land Ltd. Though a considerable part-payment of Rs.50,92,397.00 towards sale consideration as against the total sale consideration of Rs.72,25,858.00 already stands paid by the Complainants and there is inordinate delay over and above the period prescribed for handing over the possession of the Unit in question but they have not been given possession by the Opposite Party.

(2.) In brief, the facts are that in a Project, namely, "Emerald Hills" of the Opposite Party, which had been launched pursuant to a License, bearing No. 10 dtd. 21/5/2009, purported to have been obtained by it from the Director, Town and Country Planning, Haryana, for construction and developing a Residential Gated Colony in Sector-65, Gurgaon, Haryana, the Complainants had purchased a Residential Unit, being Unit No. EHF-350-C-GF-017, admeasuring 1750 sq. ft., from the Original Buyer/Allottee. At that time, the Complainants were assured by the Representatives and Brokers of the Opposite Party that the Project would be completed within time and the date committed to the Original Buyer/Allottee for handing over the possession would remain unchanged. The total sale consideration of the Unit was Rs.72,25,858.00, out of which a sum of Rs.50,92,397.00 already stands paid by the Complainants. The Opposite Party had acknowledged the Transfer of the Unit to the Complainants and also issued Acknowledgment Letter, authenticating the transfer and crediting/transferring the amount received by the Opposite Party from the Original Allottee/Buyer in the name of the Complainants. The Builder Buyer Agreement dtd. 28/3/2012 was also executed between the Parties.

(3.) It is averred that as per the payment plan, which was a Construction Linked Payment Plan, the Complainants have paid regular instalments, which includes extra charges like service tax and interest on delayed payment @ 24% per annum compounded quarterly. While the date of Application was 6/6/2009, the Builder Buyer Agreement was executed between the Parties on 28/12/2009 and, as per the same, the proposed date of possession was 28/3/2012. Some of the Clauses of the Agreement, which the Buyers were made to sign without any modification, were unreasonable and one-sided in favour of the Opposite Party only. There was a substantial gap between the date of application (6/6/2009) and signing of the Agreement (28/12/2009), which had been sent to the Complainants for signature only after paying the application money. The Complainants were told that the Agreement has to be signed as it is and in case it is not acceptable then the allotment will stand cancelled and earnest money will be forfeited.