EMAAR MGF LAND LTD. Vs. SUDESH KUMARI MAHAJAN

JUDGEMENT

(1.) This appeal has been filed by the appellant Emaar MGF Land Ltd. and Ors. against the order dated 18.01.2016 of the State Consumer Disputes Redressal Commission, Punjab, (in short 'the State Commission') passed in complaint No.170 of 2014.

(2.) Brief facts of the case are that the complainant/respondent purchased a residential plot, in Sector 108, SAS Nagar Mohali from the appellants/opposite parties. She purchased plot No.380 of 300 Sq.yards. The plot was earlier allowed to one Mr. Rajeev Kumar Jain. Thereafter it was endorsed, with the allotment letter, to the complainant dated 8.8.2008. Total consideration of the flat was Rs.40,28,499/-. Total payment made by the complainant was Rs.41,78,501/-. Opposite parties promised to deliver the possession to the complainant within 3 years, maximum subject to force majeure as per the Builder -Buyer agreement (BBA). Till date of filing of the complainant, possession was not offered to the complainant. Thereafter, when complainant demanded refund of money, opposite parties flatly refused it after lingering on the matter on some or the other pretext. Aggrieved, the complainant filed a consumer complaint bearing CC No.170 of 2014 before the State Commission.

(3.) The complaint was resisted by the opposite parties by filing written reply. Opposite parties pleaded that she bought the plot from open market at her own will. Possession will be offered shortly with compensation for delay to the complainant as per the terms of the agreement. On 18.01.2016, the State Commission passed the following order:-