EMAAR MGF LAND LTD. Vs. MALKA JINDAL

JUDGEMENT

(1.) Aggrieved by the orders, all dated 23.04.2018, in CC No. 930, 931, 932 and 933 of 2017 passed by the State Consumer Disputes Redressal Commission, Punjab (for short the "State Commission"), M/s Emaar MGF Land Private Ltd. (hereinafter referred to as "the Developer") preferred these First Appeals under Section 19 of the Consumer Protection Act, 1986 (in short "the Act") bearing No. 2164, 2161, 2165 and 2175 of 2018 respectively. FA/2164/2018 is being taken up as the lead case since the subject matter is similar and pertains to the same Project floated by the same Developer.

(2.) The facts material to the case are that the Complainant Ms. Anita Jindal and her husband Mr. Narinder Kumar Jindal and her brother-in-law namely Pawan Kumar Jindal and his wife were living in House No. 90, Sector, 28-A, Chandigarh. It is averred that the Complainant's family consists of two sons and since they were all living as a joint family the accommodation available in the ancestral home was not sufficient and hence they decided to book two plots one in her name and the other in the husband's name in the scheme floated by the Opposite Parties under the name and style of Mohali Hills. Accordingly, the Complainant booked one residential unit admeasuring 300 sq. yards by depositing a cheque of Rs.10,35,000/- on 05.09.2006 with the Second Opposite Party at their Chandigarh Office and a receipt was also issued to that effect. Flat No. 418 was allotted in Augusta Park, Sector-109, Mohali Hills @ 11,500/- per sq. yd., the total basic consideration being Rs.34,00,500/-. It is averred that the Complainant was required to pay an additional Rs.1,16,104/- towards external developmental charges. A Plot Buyer's Agreement was executed on 20.06.2007 and the Complainant deposited a total amount of Rs.36,19,104/- on different dates, detailed as hereunder:-

(3.) As per Clause 8 of the Plot Buyer's Agreement, the date of delivery of possession, was within two years from the date of execution of the agreement but not later than three years, meaning thereby that the possession was to be handed over by the Developer to the Complainant before 20.06.2010, which also includes the further period of one year.