MANISH KUMAR PATNI Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

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

(2.) Manish Kumar Patni and Mrs. Monika Patni have filed above complaint for directing the opposite party to (i) refund Rs.10148140.00 with interest @24% per annum, (ii) pay compensation of Rs.10.00 lacs, for mental agony and harassment, (iii) pay Rs.one lac, as litigation cost; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that Manish Kumar Patni worked at senior positions in top corporates in financial services and the banks and Ms. Monika Patni worked in the field of education. After leaving their previous carriers, the complainants were engaged in their self-employment. 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 Garden" at village Kherki Daula, Sector-83, Gurgaon, in the year 2011 and made wide publicity of its facilities and amenities. Believing upon the representations and promises of the opposite party, the complainants booked an apartment in the project "Palm Garden" and deposited booking amount of Rs.750000.00 on 18/10/2011. The opposite party issued Provisional Allotment Letter dtd. 18/10/2011, allotting Unit No.PGN-02-1102, super area 1900 sq.ft. basic price Rs.9025000.00, (exclusive of Taxes, External Development Charges and Infrastructure Development Charges) + Rs.829350.00 as Preferential Location Charges + Rs.300000.00 as Car Parking and executed Buyer's Agreement in their favour on 23/1/2012. Annexure-3 of the agreement provides "construction link payment plan". Construction was started in August, 2012. The complainants diligently followed payment plan and deposited Rs.10148140.00 till September, 2015. Buyer's Agreement is one sided and arbitrary as in case of delay in payment of instalment, the opposite party was charging interest @24% per annum, while in case of delay in possession, compensation @Rs.7.5 per sq.ft. per month on super area was payable. The opposite party sought revision of map in May, 2015 although by that time construction would have been completed. The complainants raised an objection for revision of map. The opposite party realized 90% of sale consideration but failed to give possession on due date as such there was deficiency in service. The opposite party promised for impeccable amenities of power back up, security, club, 8 acres landscapes green area, 1.5 acre mini golf course, 24 mtrs. wide road connectivity to exit/entry, Bowling Alley, Formal concept Gardens, ratio of 84% super area to apartment area etc. But none of the above amenities were completed. The complainants have taken loan from the bank and were burdened to pay its EMI. The complaint was filed on 17/7/2018, alleging unfair trade practice and deficiency in service.