Emaar MGF to refund Rs 52.5 lakhs
The State Consumer Disputes Redressal Forum has directed Emaar MGF Land Ltd to refund Rs 50 lakh (approx.), along with 15% interest, and pay Rs 2.50 lakh as compensation to a complainant for failing to give possession of independent floors in time.
The complaint was filed by Australia-based Jaspreet Singh, 34, through Balbir Singh of Patiala, who has got the power of attorney .Singh had sought the allotment of an independent floor and paid Rs 3 lakh as booking amount. Subsequently , an independent floor buyers agreement was executed between December 15, 2009, and the complainant was allotted independent floor in “The Terrace“ in Sector 108 for the total sale price of Rs 50.65 lakh.
The realtor had promised to hand over possession of the said independent floor latest by April 15, 2013. In July 2012, Singh was informed that the realtors had failed to give possession and he asked them to provide an alternate unit. Realtors then re-allotted another unit in “The Views“, Sector 105, Mohali. The possession was to be given by June 22, 2016, but they again failed to do so.
In their reply , the realtors stated that the external plaster on Tower H3, where the said property was located, had been completed and flooring work was under progress and it was anticipated that the possession would be offered around September, 2017.
After hearing both sides, the forum held that, “It is proved that the realtors were unable to deliver possession of both units, complete in all respects, to the complainant even when the complaint was filed. The complainant cannot be made to wait for an indefinite period for delivery of actual physical possession of the unit.
The realtors had no right to retain the hardearned money of the complainant deposited against the price of the unit. The complainant is entitled to get refund of amount deposited by him.