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RAM SURAT RAM MAURYA, INDER JIT SINGH
Dipendra Rawat – Appellant
Versus
Emaar MGF Land Ltd. – Respondent
ORDER
Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed under Section 12 of the Consumer Protection Act,1986( for short ‘the Act’) by the Complainant against Opposite party (OP) as detailed above, inter alia praying for:—
(i) To direct OP to refund Rs. 88,58,937/- along with interest @ 24 % p.a. from the date of each payment by the Complainant, the rate at which, the OP has collected the late payment from the Complainant.
(ii) Or in alternative, direct the OP to deliver fully completed unit to Complainant along with compensation for delay w.e.f. 08.08.2015 calculated @ 24% p.a. on amount deposited by the Complainant.
(iii) To direct OP to pay Rs.10 lakhs as compensation towards mental agony and harassment to the Complainant.
2. Notice was issued to OP on 13.08.2018, giving them 30 days time to file written statement.
3. It is averred in the Complaint that:—
(i) The complainant booked a residential apartment with the OP in a project namely ‘Palm Gardens’ which the OP was to develop in Sector 83 of Gurgaon. The booking was made on 23.4.2011 paying a
Default by Contractors - Complainant cannot be made to suffer on account of default by contractors engaged by OP.
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
Delay in delivery of possession constitutes unfair trade practice under the Consumer Protection Act.
Failure to deliver property as promised in agreement constitutes grounds for claiming refund and compensation under consumer protection laws.
Flat Buyers Agreement—If timely payment of instalments is essence of contract, timely delivery of possession has to be essence—Complainant cannot be made to wait for an indefinite time and suffer fin....
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