T.P. MALHOTRA Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) The complainants booked a residential apartment with the opposite party in a project namely "Emerald Floors Premier" at Emerald Hills, which the opposite party was to construct on the land comprised in Village Maidawas in Sector 65 of Gurgaon.The booking of the said flat was made on 23.9.2009. Unit No. EFP-16-0201 was allotted to them for a basic sale price of Rs.7108025/-in addition to the cost of car parking, EDC etc. The parties than executed an agreement dated 9.2.2010 incorporating their respective obligations in respect of the aforesaid allotment. Clause 11(a) of the Agreement related to offer of possession and reads as under:- "11. POSSESSION -

(2.) Since the possession of the allotted unit was not offered to them, despite they having paid Rs.74,93,964/- to the opposite party, the complainants approached this Commission seeking possession of the allotted unit with compensation etc.

(3.) The complaint was resisted by the opposite party on several grounds.