V.K.JAIN
Pulkit Agarwal – Appellant
Versus
Emaar Mgf Land Ltd. – Respondent
V.K. Jain, Presiding Member—The complainants booked a residential apartment with the OP in a project namely ‘Gurgaon Greens’ which the OP is developing in Gurgaon. Apartment No.GGN-08-702 in the aforesaid project was allotted to the complainants for a consideration of Rs.1,25,37,036.53/-. The parties then executed a Buyers Agreement on 01.04.2013 incorporating their respective obligations in respect of the said allotment. In terms of clause 14(a) of the agreement subject to force majeure circumstances and subject to the allottees complying with the terms and conditions of the agreement, the possession was proposed to be handed over within 36 months from the start of the construction though a grace period of five months was also available to the OP for the limited purpose of applying and obtaining the Completion Certificate/Occupancy Certificate in respect of the unit and/or the project. Therefore, the construction of the apartment ought to have been completed by 01.04.2016 though the Occupancy Certificate could be applied within next five months. The complainants have made payment of Rs.40,36,297/- to the OP but the possession has not been offered to them. The complaina
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