KSHITIJ JAIN Vs. EMAAR MGF LAND LTD

JUDGEMENT

(1.) In the Project, christened as "The Enclave" situated at Sector-66, Gurgaon, Haryana, admeasuring super area 1920 sq. ft., launched by the Opposite Party, a Residential Unit, being Unit No. TEN-P-F01-03, was purchased by the Complainants in order to provide their family with quality standard of living in a spacious apartment. The Complainants are the subsequent Buyers of the Unit that had been purchased by them from one Ms. Archana Tanwar (hereinafter referred to as the Original Buyer) on 5/7/2013. Initially, the Original Buyer had booked one such Unit in the Project known as "The Meadows" of the Opposite Party but on the option given to her by the Opposite Party vide letter dtd. 8/6/2009 (Annexure C-2), the booking was transferred to a new Project, namely, "The Enclave" and the Unit in question had been allotted to her vide Provisional Allotment Letter dtd. 13/1/2010 (Annexure C-3). The sale consideration for the said Unit was Rs.62,36,784.00 and the amount of Rs.60,33,230.00 paid by her towards the initial Unit had been adjusted towards the consideration of the new Unit in question. On 14/9/2010, the Apartment Buyer's Agreement, hereinafter referred to as the Agreement (Annexure C-4), was executed between the Original Buyer and the Opposite Party. Subsequently on 5/7/2013 an Agreement to Sell was executed between the Original Buyer and the Complainants, which had been duly endorsed by the Opposite Party in favour of the Complainants on the said date (see page 116 of the Complaint), and the Complainants had paid a sum of Rs.70,00,000.00 to the Original Buyer as the sale consideration for the Unit in question. Vide Nomination letter dtd. 12/7/2013, the transfer was also acknowledged by the Opposite Party. Both the Agreement to Sell dtd. 5/7/2013 and the Nomination letter dtd. 12/7/2013 are annexed to the Complaint as Annexure C-5 (Colly.).

(2.) As per Clause 14(a) of the Agreement, the possession of the Unit was to be delivered/handed over within 30 months, including a grace period of 6 months, from the date of start of construction. The Opposite Party was to handover possession by 21/2/2013 as the Project had started on 21/8/2010. The said Clause of the Agreement reads as under:

(3.) It is averred that a sum of Rs.60,33,230.00 stands paid by the Complainants to the Opposite Party, which is in excess of Rs.1,29,923.00 as per the Revised Statement issued by the Opposite Party to the Complainants.