EMAAR MGF LAND LTD. Vs. SURINDER KUMAR PUNCHHI

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') by M/s Emaar MGF Land Ltd. (hereinafter referred to as the 'builder') assailing the Order dtd. 5/11/2018 passed by the State Consumer Disputes Redressal Commission, (hereinafter to be referred to as 'State Commission') in complaint no. 492 of 2017 whereby the complaint was allowed.

(2.) There is a delay of 185 days in filing the present appeal by the builder.

(3.) The relevant facts of the case are that on 9/9/2008, one Shri Sumit Punchhi (hereinafter referred to as the 'original allottee') applied for booking an apartment admeasuring 1920 square ft. bearing no. E-502 in "The Meadows", Sector 76, Gurugram, Haryana, for a total consideration of Rs.65,15,280.00. Vide allotment letter dtd. 23/9/2008, the builder allotted the said apartment to the original allottee. The original allottee vide application dtd. 3/12/2009 requested the builder to change the unit from E-502, The Meadows to Q-401 and also for transfer of the amount of Rs.5.00 lakh deposited from unit no. E 502 to unit no. Q-401, the new relocated unit. The original allottee also requested for change of the name from Sumit Punchhi to Shri Surinder Kumar Punchhi (here-in-after referred to as the 'complainant') and Smt. Geetika Punchhi. And at the request of the original allottee, the allotment was relocated from 'The Meadows' to 'The Enclave', Sector-66, Urban Estate, Gurgaon, Haryana unit bearing no. Q-401 which was allotted vide letter dtd. 7/12/2009. The Buyer's agreement was executed between the parties on 16/8/2010. The total consideration of the flat was Rs.60,69,885.29 whereas the complainant has paid a sum of Rs.60,56,920.00. As per terms and conditions of the agreement, the possession of the flat was to be handed over to the complainant within 30 months (along with grace period) from the start of construction. As per the agreement, the complainant was entitled for compensation for delay @ Rs.5.00 per sq. ft. per month of the super area. It is alleged that the construction was started by the builder on 21/8/2010 and consequently, possession of the unit was required to be offered to the complainant on or before 20/8/2012 but builder failed to deliver the possession within the stipulated period. The sale consideration of the unit was enhanced from Rs.60,60,885.29 to Rs.66,40,129.00. Thus, there was deficiency in service on the part of the builder.