ITTY GUPTA Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed by Complainants namely Itty Gupta and Mudit Gupta (hereinafter together referred as 'Complainants') under Sec. 21 r/w sec. 12(a) of the Consumer Protection Act 1986, against M/s Emaar MGF Land Ltd. seeking physical possession, compensation, interest and refund of wrongfully charged taxes & car parking charges by the Opposite Party from the Complainants along with other ancillary reliefs.

(2.) The brief facts leading upto the present Complaint as stated by the Complainants in their complaint are that the Complainants made a joint booking in a residential project being developed by the Opposite Party namely 'Palm Hills' situated at Sector-77,Village Shikohpur, Tehsil & District Gurgaon, Haryana (hereinafter referred as 'Project') by paying a booking amount of Rs.5,00,000.00. It is further averred that the Opposite entered into a Builder Buyer Agreement dtd. 17/11/2010 with the Complainants and the Complainants were thereafter allotted unit bearing No.-PH3-11-0702 measuring 1450 sq. ft. situated at the 7th Floor for a total consideration of Rs.55,68,643.5.

(3.) The Complainants claim that the Opposite Party promised to deliver the possession of the unit with all promises and facilities within 36 months from the date of start of construction inclusive of 3 months grace period. As per clause 11(a) of the Builder Buyer Agreement the due date is 33 months plus 3 months grace period from the date of start of construction. It is an undisputed fact that the date of start of construction was 25/2/2011, hence, the due date for handing over turns out to be 25/2/2014.