SUBHASH MANGLA Vs. M3M INDIA LTD.

JUDGEMENT

(1.) The complainant booked a residential flat with the OP in a project namely 'M3M Golf Estate Fairway East' which the OPs were to develop in Gurgaon. The booking was made on 30.05.2012. The parties then executed an Apartment Buyers Agreement on 31.08.2012, incorporating their respective obligations in respect of the said booking. Clause 16.1 of the agreement related to delivery of possession of the apartment and reads as under:

(2.) Admittedly, the concrete/mud slab of the tower in which allotment was made to the complainant, was laid on 03.11.2012. The possession after giving the benefit of the grace period, therefore, ought to have been delivered by 03.05.2016. The possession having not even been offered to them despite they having paid Rs.4,61,68,084/- to the OP, the complainants approached this Commission seeking refund of the amount paid by them to the OPs alongwith compensation etc.

(3.) After institution of the complaint, the possession of the allotted flat was offered to the complainant vide allotment letter dated 15.09.2017 who was also offered a timely payment rebate/discount of Rs.19,25,000/- provided that the payments as per Annexure-A and Annexure-B to the letter were duly paid and all documentation were executed by 20.10.2017. Admittedly, the said payment was made by the complainants on 20.10.2017, thereby making them eligible for the rebate of Rs.19,25,000/-. The stamp duty however, was not paid.