SURAT SINGH Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The Complaint is filed under Sec. 21 of the Consumer Protection Act, 1986. Complainants are husband and wife. Opposite Party No.1 is a Company incorporated under the Companies Act, 1956. Opposite Party No.2 is Regional Manager of Opposite Party No.1. In 2006, Opposite Party No.1 launched a project 'Central Plaza at Mohali Hills', which inter alia included shops. Complainant No.1 was an ex-serviceman and Complainant No.2, a house wife. They required a shop to set up business to earn livelihood. The Complainants booked a shop in the project of the Opposite Parties by depositing an advance of Rs.17,58,337.00 being 15% of the consideration amount. The Complainants were allotted unit No.37, Floor No. BG, premises No.37, having super area of 3537 sq. ft. and carpet area 2135 sq. ft. in Sector 105, Mohali Hills, Mohali, Punjab. Total sale consideration of the shop was approximately Rs.1,79,00,000.00. Initially, one Ms. Amandeep Kaur was also a co-applicant and co-signatory to the agreement as third applicant/allottee. Subsequently, a request for deletion of the name of Ms. Amandep Kaur was made and her name was deleted. At present, Complainants No.1 and 2 are allottees for all intents and purposes.

(2.) On 24/4/2008, an agreement was executed between the Complainants and Opposite Party No.1 with respect to the shop allotted to them. In the Agreement it was specifically stated that the developer had been granted approval and licence by the Director, Town and Country Planning, Punjab to develop and construct the commercial complex. The Complainants were given the impression that construction work had already started. As per Clause 22.1 of the Agreement, possession of the shop was to be delivered within 36 months from the date of the Agreement, with grace period of 90 days. In case of delay in delivery of possession, the Opposite Parties were liable to pay a sum of Rs.50.00 per sq. ft. per month. In case of delay on the part of the Complainants, the Opposite Parties were entitled to charge interest @ 15% p.a. The Complainants deposited an amount of Rs.1,70,73,286.00 upto 6/11/2013. Despite several visits to the office of the Opposite Parties, they failed to get possession of the shop within the stipulated time. The Opposite Parties also failed to pay compensation @ Rs.50.00 per sq. ft. per month as per the agreement. Alleging deficiency in service on the part of the Opposite Parties, the Complainants filed the present Complaint seeking following reliefs: -

(3.) The Complaint was contested by the Opposite Parties by filing the written statement. The Opposite Parties contested that the Complainants had booked the shop for commercial purpose and, therefore, they were not Consumers under Sec. 2 (1) (d) of the Consumer Protection Act, 1986.