RITURAJ Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants, against the Opposite Party, namely, Emaar MGF Land Ltd. seeking the following reliefs:

(2.) Facts giving rise to the present Complaint are that the Opposite Party, was developing a residential gated Colony known as "Emerald Hills" at Sector, 65, Gurgaon, Haryana. On the basis of lucrative advertisements and representations made by the representatives of the Opposite Party, the Complainants, who were looking for a residential home for their personal use applied for booking of an Independent Floor on 5/6/2009. The Builder-Buyer's Agreement was executed on 3/12/2009 and the Complainants were allotted the Independent Floor bearing no. EHF-350-C-GF-024, located at Ground Floor, in Sector Coral having Super Area of 162.58 sq. mtrs., for a total sale consideration of Rs.76,47,030.00. According to Clause 13(a) of the Agreement, the possession of the Independent Floor was to be handed over within 27 months from the date of execution of the Agreement, along with a grace period of 3 months.

(3.) It is averred that the Complainants were assured by the Opposite Party that the construction would be completed within the stipulated time and that the possession would be offered as committed in the Builder-Buyer's Agreement. It is stated that the Complainants have made the payments towards the sale consideration in a time bound manner.