IMPORTANT POINT
Allotment of flat – Maintenance charges could not be charged till the receipt of occupancy certificate.

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 schedule of payment which was a construction linked plan Clause 3 of the agreement provides an assurance to the allottee for handing over the premises for occupation after completion “within 36 months from the date of sanction of the building plans”.

3. The possession of the units in spite of the payments that have been made by the Complainant were not offered timely and delay was caused by the Opposite Party as alleged by the Complainant. Nonetheless, the Complainant states that he received a letter on 18.01.2011 offering fit-out possession. The Complainant received the said letter without prejudice regarding both the premises and it is urged that the premises were not complete in all respects about which allegations have been made in paragraph 15 of the Complaint. The occupation certificate according to the written version was tendered on 12.08.2011. The said document is appended as Annexure-I to the written version. The Complainant, however, on the demand raised by the Opposite Party

regarding full and final payments tendered the same on 21.2.2012 which is extracted hereinunder:—

“Capt.A.C.Malhotra

Bharet Malhotra

35, Anand Lok (2nd Fl.)

August Kranti Marg

New Delhi-110049

21st, Feb.2012

MGF Developments Limited

Emaar MGF Business Park

Sikandarpur Chowk

Section-28, Gurgaon-122002

Haryana

Dear Sir,

Ref- Unit Nos. 04-013 & 04-014 on the Fourth Floor “Metropolis” Mehrauli Gurgaon Road, Gurgaon, Haryana

Enclosed please find the following payments

1. Cheque Nos.846376 drawn on SBI-Delhi Dated 13/02/2012 for an amount of Rs.3,71,882.00 (Rupees Three Lacs Seventy One Thousand Eight Hundred and Eight Two only inclusive of 2.5% Service Tax.(Unit No.04-013)

2. Cheque Nos846377 drawn on SBI-Delhi Dated 13/02/2012 for an amount of Rs.3,72,009.00 (Rupees Three Lacs Seventy Two Thousand and Nine only inclusive of 2.5% Service Tax.(Unit No.04-014)

As per our discussion with the MGF management these amounts are full and final settlement, for the subject properties, and that the interest stands waived off.

I am issuing cheques, in good faith, and with the understanding as per this letter.

Also it will be in place to mention that, as on date, services to the 4th Floor do not exist, such as, the Escalators, Elevators, Common Area Lightings and the toilets are not yet ready.

In view of the above I request you not to levy any CAM or any other charges till the time the area is ready to be occupied.

Also we are eagerly waiting for an amicable resolution of your Court Case so that our claims for Compensation on delayed completion of the Project can be settled.

Thank you

Yours Truly

Sd/-

Capt. A.C. Malhotra

& Bharet Malhotra

Sd/-

CC-Mr. Shravan Gupta

28, K.G.Marg, Connaught Place.

ECE House, New Delhi

CC-Mr.Rajiv Gupta

MFG House, 17B-Asif Ali Rd.

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