RAMINDER KAUR Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed by Complainant namely Raminder Kaur under Sec. 21 r/w sec. 12(1)(a) of the Consumer Protection Act 1986, against M/s Emaar MGF Land Ltd. seeking refund of the entire amount collected by the Opposite Party from the Complainant towards consideration of the Unit along with other ancillary reliefs.

(2.) The brief facts leading upto the present Complaint as stated by the Complainant in her Complaint are that she had booked a 3BHK Residential Apartmentin a project being developed by the Opposite Party namely 'Palm Gardens' situated at Sector-83, Gurgaon, Haryana, for a total consideration of Rs.1,23,79,729.00.The Complainant applied for a unit by filing an Application form dtd. 30/5/2012 and paying a booking amount of Rs.7,50,000.00. She was allotted Apartment No.-PGN-02-0301, measuring a super area of 1720 sq. ft. approximately vide the Allotment Letter dtd. 11/6/2012. She had opted for Construction Linked Payment Plan. The Complainant claims that the Opposite Party had to offer the unit by 11/10/2015 extendable to 11/1/2016.She further claims to have paid Rs.1,08,16,927.00 by June, 2015 to the Opposite Party towards the Unit.

(3.) The Opposite Party executed a Buyer's Agreement dtd. 11/10/2012 with the complainant. As per clause 10(a) of the Agreement, the possession was to be handed over within 36 months from the date of execution of the Agreement plus a grace period of 3 months. Hence, the unit was due to be handed over by 11/1/2016.