DEVIKARANI RAO Vs. EMAAR MGF LAND LTD.

JUDGEMENT

(1.) Ms. Devikarani Rao Nallamala, widow of Late Mr. Nallamala Radhakrishna Rao, aged about 72 years, the complainant, has filed the present petition against builder Emaar Hills Township Land Ltd. She applied for a 3 -BHK apartment bearing No. BH EXCL TB -F07 -B1 -02/B2, the unit in Tower B, Floor 7, Core B1, Unit No. 2, Unit Type B2 with an approximate super built up area of 2723.13 sq. ft., for a total consideration of 1,93,89,597/ - on 12.07.2008. She paid the first instalment in the sum of 19,38,960/ - on 26.07.2008. She entered into an agreement with Emaar MGF Land Ltd., OP -1 and Emaar Hills Township Pvt. Ltd., OP -2, wherein it was agreed that OP -1 was to complete the construction of the apartment within a period of 36 months from the commencement date, i.e., 02.05.2008 with a grace period of 6 months. Thereafter the OP -1 was required to handover the possession of the apartment and simultaneously execute and duly register the sale -deed in favour of the complainant.

(2.) The complainant paid next instalments in the sum of 9,69,480/ - on 11.08.2008, 21,95,527/ - on 24.09.2008, 4 lakh on 1.06.2009, 9,58,349/ - on 24.08.2009, and 6 lakh vide receipt No. 416211. The complainant paid instalment No. 6 for 29,39,524/ - on 26.12.2009. She further paid a sum of 9,79,175/ - on 14.12.2009.

(3.) The complainant received letter from OP -1 on 17.09.2010 to the effect that the project was near the completion and the possession was expected to be handed over in mid2011. The complainant received letter from OP -1 requesting her to pay the final instalment. Though such payment was only scheduled to be remitted at the time of intimation of possession in accordance with the payment schedule. That letter was responded and she promised to pay the final instalment simultaneously with the execution and registration of the sale -deed. However, the complainant paid final instalment of 16,69,506/ - on 20.11.2010, which date is crucial and determinative of present controversy.