GAURAV JAIN Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act") against the Opposite Party, Emaar MGF Land Ltd. (hereinafter to be referred to as 'the Opposite Party) seeking possession of the purchased floor to the Complainants with the following reliefs:

(2.) The brief facts of the case as narrated in the Complaint are that the Complainants in the year 2016 had purchased a residential floor for their self-residence in re-sale, in the project "Emerald Floors Premier" situated at Emerald Estate, which is being developed and constructed by the Opposite Party at Sector-65, Gurgaon, Haryana for total cost of Rs.82,55,642.00. Accordingly, in October 2016, the floor No.EFP-01-001 having a super area of about 153.29 sq. mtrs. (1650 sq. ft.) approx. was transferred by the Opposite Party in favour of the Complainants. Accordingly, the floor Buyer's Agreement dtd. 5/3/2010 was endorsed by the Opposite Party in favour of the Complainant on 7/11/2016. As per Clause 11 (a) of the Buyer's Agreement, the Opposite party had assured to handover the possession of the floors within 36 months from the date of execution of the Buyer's Agreement, with additional grace period of 3 months. Accordingly, as per the Buyer's Agreement the possession of the floor was to be handed over by March 2013 with additional 3 months grace period. But, the Opposite Party failed to deliver the possession of the purchased floor to the Complainants within the stipulated period. It is further submitted in the Complaint that at the time of purchasing the residential unit, the Complainants had opted for Type-A, Ground Floor property which had Rear and Front Lawns, total measuring about 500 sq. ft. for their exclusive usage and for the same, the Complainants had paid Preferential Location Charges (PLC) to the tune of Rs.12,99,292.50. It is submitted that without resolving the issues and concerns raised by the Complainants, the Opposite Party in an arbitrary and unreasonable manner, issued Intimation of Offer of Possession to the Complainants on 13/2/2020, without giving any compensation for the inordinate delay in offering possession of the unit and further without compensating them for the change in layout of the lawns. Being aggrieved, the Complainants have filed the present Complaint against the Opposite Party due to unfair trade practice with the above said reliefs.

(3.) Upon notice, the Complaint has been resisted by the Opposite Party by filing their Written Statement and raising, inter-alia, the preliminary issues that; the Complainants have no locus standi to file the present Complaint as there is no deficiency in service or breach of terms and conditions of the Agreement by the Developer, Complaint has been filed only with the intention to harass the Opposite Party Developer, most of the Complainants had already obtained the possession.