NIRAJ KUMAR PANT Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) This complaint has been filed under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') alleging deficiency in service and unfair trade practice on account of deficiency in service and unfair trade practices seeking refund of the amount deposited along with interest and other compensation in respect of the flat booked by them with the opposite party viz., Emaar MGF Land Ltd., in a project promoted and developed by it.

(2.) Briefly, the facts of the case are that the complainants had purchased a flat in a residential group housing project "Palm Gardens" (in short, the 'project') promoted and developed by the Opposite party located at Sector 83, Gurgaon, Haryana from one Mr Ashish Dahya and Mr Sri Krishna Dahiya, who were the original allottees for their residential purpose on 5/4/2013. At the time of purchase by the complainants, the terms of the agreement were endorsed to the complainants by the opposite party. The flat was originally booked on 15/12/2010 through a payment of Rs.7,50,000.00. An allotment letter dtd. 24/3/2011 was issued by the opposite party allotting apartment no. PGN-04-0203, 2nd Floor, Tower 4, admeasuring approx. 1900 sq ft for a total sale consideration of Rs.1,06,47,853.00. A Builder Buyer Agreement (in short, 'Agreement') was executed between the original allottees and the opposite party on 24/3/2011 by which date Rs.26,54,689.00 had been deposited with the opposite party. As per clause 10 (a) of the Agreement, delivery of possession was promised to be offered within 36 from the start of construction, with a grace period of 3 months. As construction on site commenced in June 2012, possession was to be offered by September 2015.

(3.) The complainants have averred through this complaint filed on 25/9/2017 that the opposite party had mala fide intentions as they did not have requisite approvals from the District Town and Country Planning Department, Gurgaon which fact was confirmed vide their memo no. LC-1087/JE(BR)/2016/27149 dtd. 14/12/2016. It is also alleged that even though the agreement was executed on 24/3/2011, the layout plan was approved only on 23/3/2012. It is stated by the complainants that Rs.1,02,25,980.00 was paid by them in instalments as per the schedule of payments. However, possession was not offered in September 2015. It is further averred that the green areas across the boundary that were projected as green areas and a part of the project and for which PLC had been collected was now being shown as a public road and therefore the purpose of paying additional charges of PLC stands frustrated. Another 24 meter wide road projected as providing connectivity to Dwarka Expressway is also stated to be now not part of the layout plan. It is averred that these developments have come to notice upon enquiry and not through disclosure by the opposite party and constitute alterations to the layout without notice. Rs.3.00 lakhs have also been charged towards one car park which, as per orders of this Commission, are required to be included in the basic sale price and that the opposite party is charging various taxes and imposing a 24% rate of interest on delayed payments which is exorbitant. Other charges for EDC/IDC, Club Membership, etc. are also being levied whereas these were not part of the agreement.