TARANJIT KAUR & ANR W/O HARBHAJAN SING; BHUPINDER SINGH Vs. EMAAR MGF LAND LTD THROUGH ITS MANAGING DIRECTOR ECE HOUSE

JUDGEMENT

(1.) Mrs Taranjit Kaur and Mr Bhupinder Singh, the complainants have filed the instant consumer complaint against the opposite party M/s EMAAR MGF Land Ltd., alleging deficiency in service on the part of the opposite party in respect of the flat booked by the complainants in the project undertaken by the opposite party.

(2.) The brief facts of the complaint are that the complainants had applied for allotment of a floor/ unit in the residential gates colony known as 'Emerald Hills Floors' on 10.06.2009. The complainants had paid a sum of Rs.5.00 lakh as earnest/ registration amount to the opposite party on 16.06.2009. Complainants were then allotted a unit no. EHF 267 J SF 017 on the second floor of plot no.17 in Jemma Block of the aforesaid residential gated colony by the opposite party on 10.07.2009. The cost of the floor/unit as per the provisional allotment was Rs.46,50,000/- .The detailed buyers agreement was executed on 01.04.2010. As per clause 13 (1) of the Buyers Agreement, possession of the floor/ unit was to be delivered within 27 months from the date of execution of the agreement, i.e., 30.06.2012. Complainants have paid Rs.45,08,346/- which amounts to 95% of the total sale consideration. The opposite party has not yet handed over the possession of the afore-mentioned floor/ unit to the complainant even after four years from the date committed for possession in the buyers agreement. The complainants have stated that they have recently received an e-mail from the opposite party dated 01.06.2016 wherein the excepted date of delivery was given as May 2017. The complainants have sought the following reliefs:

(3.) We have heard the argument on the issue of pecuniary jurisdiction: