A. P. SAHI
Avinash Chander Malhotra – Appellant
Versus
MGF Developments Ltd. – Respondent
ORDER
This Complaint has been filed for the relief of execution of conveyance deed in respect of Flat Unit Numbers 04-013 and 04-014 situate at MGF Metropolis Mall, MG Road Gurgaon, Haryana with a further claim of lump sum compensation on account of the omissions of the Opposite Party which according to
the Complainant amounts to deficiency in service.
2. The background is that the Complainant booked two office space units for his own professional services, as the Complainant a retired Merchant Navy Officer, planned to earn his livelihood by rendering services in the Information Technology Sector. The Complainant came to know of the project of the Opposite Party and an amount of Rs.21,75,000/- was paid at the time of booking. On 13.06.2006, builder-buyer agreements were entered into in respect of the two office spaces of approximately 1,000 sq.ft super area at the rate of Rs.7,250/- sq.ft. The basic sale price of one of them was Rs.72,53,408/-. The second office space was also approximately of the same area on the same rates for a total basic sale price of Rs.72,50,943/-. The two agreements relating to the two spaces referred to above are on record. The agreements spell out the sched
Allotment of flat – Maintenance charges could not be charged till the receipt of occupancy certificate.
The court affirmed consumer rights to timely possession and reasonable compensation despite contractual waivers, emphasizing obligations of developers in real estate transactions.
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%.
Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.
Possession of residential units can only be offered after obtaining necessary occupancy certifications and ensuring completion of promised amenities.
Additional Payment – the demand of the Opposite Party for additional payment on account of the alleged increase in Super Area of the Flat was unjustified.
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