NIRMAL PAL VIRDEE Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) Counsel for the complainant is present.

(2.) Mrs. Nirmal Pal Virdee is an NRI. She purchased entire shop which was interlinked with all the three floors. The value of the shop was worth Rs.3,94,03,168/ -. The complainant has paid a sum of Rs.2,93,76,811/ -. She applied for the said shop in the year 2008. She is a permanent resident of UK. She had a beauty saloon in UK which she has closed due to commitment to her children. She wanted to open a beauty school and saloon for her independent income and livelihood. All the four floors were purchased with the intention to provide space for beauty saloon and school such as ground floor for waiting lobby, entertainment and display of services, the first floor for providing SPA services, second floor was to be assigned for SAUNA bath and male services and finally the third floor was to be assigned as beauty school. All the four floors were to be used as one unit comprising a modern beauty saloon and school. The said shops were purchased from M/s. Emaar MGF Land Ltd.. The complaint was filed in this Commission on 06 -04 -2016 with the following prayers:

(3.) It is interesting to note that she is not asking for possession of the shops. She is asking for refund of the money. Counsel for the complainant explains that no headway has been made till now. He further explains that the construction has been started, but it has not yet been completed. Therefore, the complainant is asking for refund. It is surprising to note that almost eight years have elapsed, the complainant has not taken any steps to shift to India. She is living in UK along with her family members. Her so called family commitments appear to be an eyewash. In a recent judgment in SLP (C) No.31049 of 2015, Ganesh Chand Sharma Vs. Regional Manager, UP State Industrial, decided on 20 -11 -2015 the Apex Court while upholding the judgment of this Commission came to the conclusion that the complainant was not entitled for an industrial plot.