1.      Heard Mr. Aditya Parolia, Advocate, for the complainant and Ms. Poorvi, proxy counsel for the opposite party. 

2.      The above complaint has been filed for directing the opposite party to refund the total amount of Rs.13546927/- along with interest @24% per annum from the date of respective deposit till the date of actual payment, Rs.20 lacs as compensation for mental agony and harassment, Rs.1 Crore as cost of the litigation and any other relief which is deemed fit and proper in the facts of the case. 

3.      The complainant stated that Emaar MGF Land Limited (the opposite party) was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of Group Housing Project. The opposite party launched a project in the name of ‘Emerald Floors Premier’ at Village Maidawas, Sector-65, Urban Estate, District Gurgaon, Haryana.  The complainant was in need of residence and she booked a flat on 19.12.2011 and deposited Rs.1000000/-. Thereafter, the opposite party issued provisional allotment letter on 23.12.2011 allotting flat no.EFP-25-0201, area 1975 sq. ft., basic price of Rs.11903325/-.  The opposite party thereafter, executed Buyers Agreement on 19.01.2012 in favour of the complainant.  As per clause 11(a) of the Buyers Agreement, construction has to be completed within 36 months from the date of execution of the Buyers Agreement with grace period of three months.  As per demand, the complainant deposited total amount of Rs.13546927/- upto September 2017.  The due date of possession expired on 19.04.2015.  Inspite of taking almost the entire sale consideration, the opposite party has failed to complete the construction and deliver possession of the flat to the complainant.  The complainant therefore, filed this complaint for refund of money in January 2018. 

4.      The opposite party filed its written reply on 26.11.2018 and contested the complaint.  In the written reply, relating to the allotment of the flat as well as deposit made by the complainant has not been disputed.  In fact, the opposite party has also filed the statement of account showing that an amount of Rs.13561874/- has been deposited by the complainant upto September 2017.  In the written reply, the opposite party has not given the stage of the construction or any expected date for handing over the possession. 

5.      The complainant filed a rejoinder reply on 22.01.2019.  The complainant filed the affidavit of evidence of Ms. Anuradha Sethi as well as affidavit of admission/denial of documentary evidence.  The opposite party filed affidavit of evidence of Mr. Rajendra Prasad and affidavit of admission/denial of documents.  Both the parties have filed their written submissions. 

6.      We have considered the arguments of the counsel for the complainant and examined the record. The complainant booked the flat in dispute on 19.12.2011. Flat Buyers Agreement has been executed in favour of the complainant on 19.01.2012.  As per clause 11(a) of the Buyers Agreement, construction has to be completed within 36 months from the date of execution of the Buyers Agreement.  Although the complainant has deposited the entire sale consideration till September 2017, but neither the construction was completed nor possession was delivered.  Supreme Court in Pioneer Urban Land and Infrastructure Ltd. Vs. Govindan Raghavan, (2019) 5 SCC 725, held that an allottee cannot be made to wait for an indefinite period for possession. In these circumstances, the complainant is entitled to refund of the entire amount.

ORDER

In the result, the complaint succeeds and is allowed. The opposite party is directed to refund the entire amount deposited by the complainant along with interest @9% per annum from the date of respective deposit till the date of actual payment, within a period of two months from the date of this judgment.