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R. K. AGRAWAL
Rituraj – Appellant
Versus
EMAAR MGF Land Limited – Respondent
ORDER
R.K. Agrawal, President—The present Consumer Complaint has been filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants, against the Opposite Party, namely, Emaar MGF Land Ltd. seeking the following reliefs:—
“(i) Direct the Opposite Party to handover the possession of the apartment bearing number EHF-350-C-GF-024, complete in all respects to the Complainants immediately as per the Buyer’s Agreement and execute all the necessary and required documents in respect of the said flat in favour of the complainant or in alternative provide a ready to move in flat to the complainant which is of identical size and in similar locality or in alternative pay a sum of Rs.1,75,00,000/- being the available market rate of the similar house @ Rs.10,000/- per sq. ft., the apartment being the size of 1750 sq. ft. to enable the Complainant to purchase another house on their own.
(ii) Direct the Opposite Party to pay interest @12% p.a. on the sum collected by the OP towards the house from the date of possession as per the buyer’s agreement till the actual possession.
(iii) Grant immunity to the complainants from the payment of any charges in
Delayed Possession - possession has not been offered to the Complainants and there is inordinate delay of over 9 years in handing over possession to the Complainants. They are entitled to a reasonabl....
(1) Negligence on Part of Builder – If the builder, whose services are engaged by a buyer for construction of a residential house for him fails to complete the construction and deliver its possession....
Delay in delivering possession of property constitutes deficiency of service, entitling consumer to refund and compensation under Consumer Protection Act.
Consumer agreements with one-sided clauses are unenforceable; delayed possession incurs compensation at 8% interest.
Fair and Delay Compensation - Opposite Party has not given any timeline when it will give possession of the Unit to the Complainants. Therefore, the Complainants are entitled for fair and delay compe....
Super Built-up area – The alteration in super built up area in large projects including common areas is a common feature and is acceptable if is within a reasonable variable of 5 to 10%.
Consumers have the right to timely possession and compensation for undue delays as established by precedents under the Consumer Protection Act.
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