ASHISH DHINGRA Vs. EMAAR MGF LAND LTD.

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainants and Mr. Aditya Narain, Advocate, for the opposite party.

(2.) Ashish Dhingra and Rishi Pahuja have filed above complaint for directing the opposite party to (i) refund Rs.9052908.00 with interest @18% per annum from the date of respective deposit till the date of realization; (ii) pay Rs.1500000.00, as compensation for mental agony and harassment; (iii) pay Rs.200000.00 as litigation costs; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that Emaar MGF Land Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. The opposite party launched a group housing project in the name of 'Palm Gardens', at village Kherki Dhaula, Sector-83, Gurgaon, in the year 2010 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite party, the complainants booked an apartment on 9/3/2011 and deposited booking amount of Rs.750000.00. The opposite party provisionally allotted Unit No.PGN-06-1202, Tower-6, super area 1900 sq.ft. and executed Buyer's Agreement on 21/4/2011, in which total cost was mentioned as Rs.9711253.59. Annexure-3 of the agreement provides payment plan as 'construction link payment plan'. The opposite party had been realizing instalments without completion that mile stone. The opposite party realized instalment of 'completion of internal flooring' on 31/8/2015. The complainants paid the instalments on time as per demand of the opposite party and paid Rs.9052908.00 till October, 2016. The opposite party has charged Rs.285000.00 showing 'green view' and Rs.190000.00 for corner flat, showing green area across the boundary in front of the apartment of the complainants, but that land has not been acquired by the opposite party. The opposite party represented that the project land has connectivity with Dwarka Expressway through 24 meter wide road but it is also not part of the project land. Without any information to the home buyers, the opposite party revised 'layout plan' in July, 2016. Clause-10(a) of the agreement provides that the opposite party shall deliver possession within a period of 36 months from the date of start of the construction. The construction was started on 9/8/2012 and period of 36 months expired on 8/8/2015. Palm Gardens Home Buyers Welfare Association moved a representation dtd. 28/6/2016, for giving final date for delivery of possession. After persuasion, a meeting was held on 6/8/2016, with the officers of the opposite party, in which they assured that possession would be delivered by December, 2017. The construction was not progressed with appropriate paces so that possession would be delivered in December, 2017. Then Palm Gardens Home Buyers Welfare Association again held a meeting with the officers of the opposite party on 4/3/2017, then the opposite party again shifted expected date as 'application for occupation certificate' in May, 2018. The opposite party has charged Rs.300000.00 towards 'car parking', although the opposite party was not entitled to charge it. The opposite party has realized about 24% of BSP towards taxes, which is exorbitant. EDC and IDC, PLC, IFMS etc. were also realized exorbitantly. The various amenities as promised were missing. Due to inordinate delay in delivery of possession, the purpose of buying the flat was frustrated. Then this complaint was filed on 25/7/2017, alleging deficiency in service.