STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                    UNION TERRITORY, CHANDIGARH

1. Arvind Batra s/o Late Sh. M. R. Batra R/o J-152, Sarita Vihar, New Delhi.
2. Saru Batra w/o Sh. Arvind Batra R/o J-152, Sarita Vihar, New Delhi.

                                                .…Complainants.

Versus

1. Emaar MGF Land Limited SCO No.120-122, First Floor, Sector 17C, Chandigarh through its Managing Director/Authorized Signatory.
2. Emaar MGF Land Limited, ECE House, 28 Kasturba Gandhi Marg, New Delhi – 110001 through its Managing Director/Authorized Representative.

…..Opposite Parties.

BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

MR. DEV RAJ, MEMBER

            MRS. PADMA PANDEY, MEMBER.

Argued by:Sh. Savinder Singh Gill, Advocate for the complainants.

            Sh. Sanjeev Sharma, Advocate for the Opposite Parties.

PER DEV RAJ, MEMBER

            In brief, the facts of the case, are that since the complainants were willing to own a commercial unit in Mohali for the purpose of earning livelihood by means of self-employment as complainant No.1 had already incurred losses in his previous self-employed venture, they applied for a commercial unit measuring 1216 sq. ft. in Central Plaza, Mohali Mills, Sector 105, Mohali by filing application form and depositing Rs.6,60,096/- with the Opposite Parties on 22.10.2007 as booking amount for provisional allotment of the unit, in question. Accordingly, the complainants were allotted Unit No.2 on Second Floor measuring 1216 sq. ft. in the said project vide allotment letter dated 30.04.2008 (Annexure C-2) for a total consideration of Rs.46,48,963/-.

2.         It was further stated that a Central Plaza Premises Buyer’s Agreement was executed between the complainants and the Opposite Parties on 31.03.2008 (Annexure C-3). It was further stated that as per Clause 22 of the Agreement, possession of the unit, in question, was to be handed over by the Opposite Parties within 36 months from the date of signing of the said Agreement. It was further stated that as per Clause 24 of the said Agreement, for failure of the Opposite Parties in handing over possession within the stipulated period, the complainants were entitled to penalty @Rs.50/- per sq. ft. per month of the super area till the date of final notice offering possession. As per detail regarding payments made to the Opposite Parties in the chart given in Para 5 of the complaint, a sum of Rs.37,26,510/- was paid by the complainants to the Opposite Parties from 21.07.2008 up-till 11.10.2011. Thus, adding booking amount paid by the complainants, in the sum of Rs.6,60,096/-, the total amount comes to Rs.43,86,606/-. 

3.         It was further stated that thereafter, the Opposite Parties sent an intimation of possession letter dated 18.05.2016 (Annexure C-6) raising another demand of Rs.18,90,906/- under various heads. It was further stated that the complainants strongly objected to the said intimation of possession terming the same a paper possession, as the entry points of Sector 105, Mohali have been sealed by the Forest Department by digging trenches and putting barbed wires as the Opposite Parties did not have the necessary approvals from the said Authority.

4.         It was further stated that the Opposite Parties even refused to credit delayed compensation in the account of the complainants. It was further stated that possession was to be delivered by 30.03.2011 but even after a lapse of five years, the intimation of possession sent is merely a paper possession. It was further stated that as was evident from the photographs sent by the Opposite Parties from time to time regarding updates of construction, no development was taking place due to which, the complainants withheld the payments. It was further stated that moreover, the Opposite Parties in February 2011 waived off the delayed interest to