^{STATE CONSUMER DISPUTES REDRESSAL COMMISSION,}

^{UNION TERRITORY, CHANDIGARH}

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                                     ^Versus

Emaar MGF Land Limited, SCO No.120-122, Sector 17-C, Chandigarh.

^{.…..Respondent/Opposite Party.}

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:

Argued by^{:Sh. A. S. Walia, Advocate for the appellants.}

PER DEV RAJ, MEMBER

“15.   

i)     To make payment of compensation for the delay in handing over the possession of the flat @Rs.5/- per sq. ft. per month of the super area to the complainants from the date of allotment i.e. 13.2.2008 till the date of notice of offering possession i.e. 16.8.2013.

ii)    To make payment of compensation to the tune of Rs.2 lacs to the complainants for unfair trade practice in increasing the super area of the flat and arbitrarily increasing the price of the flat.

iii)   To make payment of an amount of Rs.11,000/- to the complainants towards litigation cost.

16.   This order shall be complied with by the OP within one month from the date of receipt of its certified copy, failing which, the amounts mentioned at S.No.(i) and (ii) of the para aforesaid shall carry interest @12% p.a. from the date of filing of the present complaint, till its realization, besides costs of litigation, as mentioned above.”

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4.        The complainants filed replication, wherein she reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of the Opposite Party. 

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10.              After giving our thoughtful consideration, to the contentions, advanced by the Counsel for the appellants/complainants, and the evidence, on record, we are of the considered opinion, that the appeal is liable to be dismissed, at the preliminary stage, for the reasons to be recorded hereinafter. As regards increase in the super area of the flat, Clauses 1.2, 18.1 and 18.2 of the Apartment Buyer’s Agreement, dated 11.4.2008, Annexure C-1, being relevant, are extracted hereunder:-

“1.2

18.1

18.2   

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Pronounced.

June 03, 2014^.

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Sd/-

(PADMA PANDEY)

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STATE COMMISSION

(First Appeal No.203 of 2014)

Argued by^{:Sh. A. S. Walia, Advocate for the appellants.}

Dated the 3^rd

ORDER

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