GYANENDRA SINGH Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) This complaint has been filed under sec. 12(1)(A) read with Sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') alleging deficiency in services and unfair trade practice in respect of the apartment booked by the complainants with the opposite party.

(2.) In brief, the facts of the case are that the complainants had booked a residential flat in the project 'Palm Gardens', Sector 83, Gurgaon, Haryana being developed by the opposite party by way of transfer letter endorsing a booking originally done in the name of one Mr Rajesh Mayor vide nomination letter dtd. 1/9/2014 who had booked the flat on 31/10/2011 and was provisionally allotted unit number PGN-12-0504, 5th Floor, Tower 12 admeasuring 1720 sq ft for a sale consideration of Rs.90,00,341.00. The present complainant thus stepped into the shoes of the original allottee by virtue of the transfer letter endorsed by the opposite party on 1/9/2014. The Builder Buyer's Agreement (in short, BBA) signed between the original allottee and the opposite party on 17/2/2012 promised possession after 36 months, with a grace period of 3 months. The BBA was endorsed in the name of the complainant on 1/9/2014 on payment of Rs.22,45,437.00 to opposite party. However, possession promised by February, 2016 has not been done despite payment of Rs.85,40,064.00 by the complainants as on the date of filing of this complaint.

(3.) Alleging failure to hand over possession of the flat as promised and non-acquisition of the green area for which preferred location charges (PLC) was collected, the complainants are before us with the following prayer: