Sameer Mehta, NRI VS Emaar Mgf Land Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DEEPA SHARMA
Sameer Mehta, NRI – Appellant
Versus
Emaar Mgf Land Private Limited – Respondent

Advocates:
Counsel for the Parties:
For the Complainant:Mr. T.K. Goon, Advocate
For the Opp. Party:Mr. Sanchar Anand, Advocate

ORDER

Deepa Sharma, Presiding Member—The brief facts of the case as narrated by the complainant in the complaint are that he booked a Unit No.12A-012 in the project “Digital Greens”, Sector 61, Gurgaon with super area of 138.45 sq. mtrs. @ Rs.8500/- per sq. ft along with a car parking space @ Rs.4,00,000/- for total consideration of Rs.1,33,01,354/- vide allotment letter dated 22.01.2009. Buyer’s Agreement was entered on 30.11.2009 and the sale consideration was revised to Rs.1,30,67,380/-. A supplementary agreement dated 01.12.2009 was also executed and rate was reduced from 8500/- to Rs.7225/- per sq. ft. The complainant continued to make the payment on different dates and had so far deposited a sum of Rs.1,01,75,709/-. As per the agreement, the agreed date of possession was 01.06.2011 i.e. the possession was to be handed over within 18 months from the date of execution of the agreement. As per clause 15 (a) (i) of the said agreement, the Force Majeure period was 120 days and the offer of possession was not made even on expiry of 18 months and the Force Majeure date and the offer of possession was made after 6 years i.e. 29.06.2017. It has further been submitted that complainant

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