STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T.,CHANDIGARH

1.Mr. Tarsem Kumar son of Late Sh. Diwan Chand.

2.Mr. Ashwani Kumar son of Late Sh.Diwan Chand

Both residents of H.No.267, Sector 37-A,Chandigarh.

……Complainants

V e r s u s

1.Emaar MGF Land Private Limited, SCO No.120-122, 1^stChandigarh, through its Managing Director.

2.Emaar MGF Land Private Limited, SCO No.120-122, 1^stChandigarh, through its Authorized Signatory.

3.Emaar MGF Land Private Limited, ECE House, Level 1, 28, K.G. Marg, New Delhi-110001, through its Director

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

BEFORE:     JUSTICE SHAM SUNDER (RETD.), PRESIDENT.

Argued by:Sh.Ashok Sharma, Advocate for the complainants. 

PER 

             The facts, in brief, are that the complainants were looking for a suitable residential accommodation/ plot, at Mohali. Allured by the assurances of the representatives of the Opposite Parties, with regard to allotment of a residential plot, with qualitative 

2.           subject to force majeure conditions, and reasons beyond the control of the Company,the physical possession of fully developed residential plot, was to be handed over to the complainants, within a period of two years, but not later than three years, from the date of execution thereof (Agreement). It was further mentioned, in the said Agreement, that, in caseof delay, in handing over possession of the fully developed plot, within three years, from the date of execution of the same, the Opposite Parties were liable to pay compensation/penalty @Rs.50/- (Rupees Fifty only) per square yard, per month, for such period of delay.

3.           

4.           It was further stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice.When the grievance of the complainants, was not redressed, left with no alternative, a complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed, directing the Opposite Parties, to hand over physical possession of the plot bearing no.313, measuring 300 square yards, in Sector 109, Mohali Hills, Augusta Park, SAS Nagar, Mohali, Punjab, at Mohali Hills; pay penalty @Rs.50/- (Rupees Fifty only), per square yard, per month from 20.06.2007, alongwith interest @12% P.A. till realization, as per Clause 8 of thecompensation to the tune of Rs.5 lacs, for mental agony and physical harassment; and cost of litigation, to the tune of Rs.22,000/-.

5.           Buyer`s Agreement dated 20.06.2007, Annexure C-1,