Chandigarh

StateCommission

CC/206/2015

Brig. Ranjit Singh Gill - Complainant(s)

Versus

Emaar MGF Land Ltd. - Opp.Party(s)

Capt. Arun Sharma, & Ranbir Singh,Adv.

30 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Consumer Complaint No.	:	206 of 2015
Date of Institution	:	03.09.2015
Date of Decision	:	30.10.2015

 

1. Brig. Ranjit SinghGill, Aged 76 years son of late Sh. S. J. Gill,
2. Mrs. Manjit Gill, Aged 70 years wife of Brig. Ranjit Singh Gill,

Both residents of House No.351, Sector 35-A, Chandigarh.

……Complainants.

 

Versus

1. Emaar MGF Land Ltd., SCO No.120-122, 1^st Floor, Sector 17-C, Chandigarh through its Branch Manager.
2. Emaar MGF Land Ltd., Regd. Office ECE House, 28, Kasturba Gandhi Marg, New Delhi, through its Managing Director.

….Opposite Parties.

 

Appeal under Section 17 of the Consumer Protection Act, 1986.

 

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

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Capt. Arun Sharma, Advocate for the complainants alongwith Brig. Ranjit Singh Gill, complainant No.1.

Sh. Sanjeev Sharma, Advocate for the Opposite Parties.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

            The complainants who are of the age of 76 years and 70 years respectively, have filed this complaint seeking refund of Rs.47,89,235/-, which they deposited to purchase a built-up unit (flat) from the Opposite Parties. They have also sought payment of Rs.5 Lacs as compensation and Rs.55,000/- as litigation expenses.

2.         On the last date of hearing, it was agreed that in case the account is settled and the Opposite Parties are ready to handover possession of the built-up flat with increased area of 165.14 Sq. ft. within two months, the complainants will not insist for refund of the amount paid by them.  

3.         After discussion amongst themselves, the parties through their Counsel state that possession of the flat measuring 1915.14 Sq. ft. shall be handed over to the complainant within two months. The flat has been built-up as per the specifications given in the Buyer’s Agreement. The possession letter will be issued to the complainants by the Opposite Parties within six weeks from today. It is further agreed that at the time of intimation of taking possession, the Opposite Parties shall pay an amount of Rs.4,25,000/- to the complainants. Above amount includes Rs.1 Lac towards compensation payable to the complainants for physical harassment etc.

4.         It is also agreed between the parties that the complainants shall make payment of an amount of Rs.95,757/- towards Interest Free Maintenance Charges within two months from the date of taking possession. So far as expenses towards stamp duty and registration & infrastructure development charges @2% for the purpose of registration of the flat are concerned, the same shall be paid by the complainants at the time when they opt for registration of the flat in their name. It is further agreed that common area maintenance charges to the tune of Rs.63,200/- shall be paid by the complainants within two months from the date of taking possession of the flat. So far as electrification charges are concerned, the complainants shall make payment as per the meter reading of the meter fixed for the said purpose. So far as water charges for 12 months are concerned, the amount of Rs.3,600/- shall also be paid by the complainants within two months from the date of taking possession.

5.         It is also agreed that the complainants shall be bound to pay towards club membership as and when they wish to become members of the club within the locality.

6.         It is made clear that if the Opposite Parties failed to honor commitment made, this complaint shall be deemed to have been accepted as prayed by the complainants.

7.         The complaint stands disposed of accordingly.

8.         Certified copies of the order be sent to the parties free of charge.

9.         File be consigned to the Record Room after completion.

Pronounced

October 30, 2015.

 

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

      MEMBER

 

 

 

(PADMA PANDEY)

      MEMBER

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