EMAAR MGF LAND LIMITED Vs. KARNAIL SINGH

JUDGEMENT

(1.) Appellants/Opposite parties being aggrieved by order dated 9.4.2014, passed by State Consumer Disputes Redressal Commission, UT Chandigarh (for short, 'State Commission ') have filed the present appeal.

(2.) Brief facts are that, representative of the appellants induced the Respondents/Complainants to purchase a plot in its Project "Mohali Plots at Mohali Hills", in Sector 104, Mohali, Punjab, who assured the respondents that development activity at the site was in full swing and if they booked the plot, the possession thereof complete in all respects would be handed over to them, within a period of 18 months, from the date of execution of the Plot Buyer's Agreement. It was further assured by the representative, that Plot Buyer's Agreement would be executed between the parties, within a few days. On such assurances, respondents applied to the appellants for allotment of a residential plot and paid a sum of Rs.5 lacs, as booking amount, vide cheque No.893241 dated 12.02.2011. The respondents were allotted plot measuring 250 square yards, in "Mohali Plots" at Mohali Hills @Rs.22,000/- per square yard. The basic price of the said plot was to the tune of Rs.55,00,000/-. Apart from this amount, respondents were to pay a sum of Rs. 6,87,500/-, towards Preferential Location Charges (PLC) plus additional charges. Thus, after discount of Rs.1,10,000/-, the total sale consideration, in the sum of Rs.65,30,250/-, was required to be paid by the respondents, towards the said plot.

(3.) Provisional Allotment letter Dt 25.02.2011, was issued in favour of respondent no.1. Further, amount of Rs.5,78,000/-,towards the part payment was deposited by the respondents, vide cheque No. 354672 dated 15.04.2011. Despite getting part payment till the month of May, 2011, the appellants failed to ensure the execution of the Plot Buyer's Agreement. In the absence whereof, the Bank concerned refused to sanction the loan which was required by the respondents, to make payment of the remaining sale consideration. It was further stated that, on the other hand appellants, started levying interest, on delayed payments. Respondents vide email dated, 21.05.11, requested the appellants to ensure the execution of the Plot Buyer's Agreement and also to waive off the interest. In turn, appellants sent an email dated 24.05.2011, wherein it was stated that the Plot Buyer's Agreement shall be executed shortly At the same time, respondents were asked to make payment of installments of price due, towards the said plot.