DAIZY RANI & 7 ORS Vs. MVL LTD

JUDGEMENT

(1.) This order shall decide the above mentioned three complaints, which are between the same Builder OP and the various allotees/consumers. The facts of these cases are almost same and the same point of Law is involved. M/s MVL Limited OP-the Builder floated a scheme in the year 2006 and aggressively marketed the said project promising high living luxury apartments, specially designed Swimming Pool, 24 hour power back up, Modular Kitchen, Covered Car Parking, Garden, Play Area, Security Club house, Rain Water Harvesting, Wi-fi Internet, Gymnasium etc. All the 17 complainants applied for the flats jointly or individually and paid the earnest money on the dates mentioned below:- <FRM>JUDGEMENT_104_LAWS(NCD)12_2015.html</FRM>

(2.) All the complainants booked the flats. They paid different amounts upto 65% of the total cost. It was agreed that the possession of their flats would be handed over, upto 31st December 2010 or the dates mentioned in their respective agreements, approximately 4 years after the initial booking.

(3.) This is an indisputable fact that the three allottees have already got the possession, namely, Sh. Sandeep Kumar, Sh. Anil Kumar Gupta and Sh. Nishank Gupta. The other remaining complainants have not got the possession, till the institution of these cases in years 2012 and 2014. It is contented that the Opposite Party indulged in unfair trade practices for deceiving the complainants.