1.P.K. Aggarwal s/o Dr. M.M. Lal

2.Manju Aggarwal w/o P.K. Aggarwal

Both residents of H.No.38, Manauli House, Ambala City, Haryana

……Complainants

V e r s u s

1.Emaar MGF Pvt. Ltd., through its Branch Head, S.C.O. No. 120-122, Sector 17-C, Chandigarh,

2.Emaar MGF Land Ltd., through its Managing Director, Registered Office, MGF House 17-B, Asaf Ali Road, New Delhi.

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

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

Argued by:Sh. N.S. Jagdeva, Advocate for the complainants.

                     , Advocate for the Opposite Parties.

JUSTICE SHAM SUNDER (RETD.), PRESIDENT.    

2.           , the stipulated date when delivery of possession of the fully developed plot could not be made to them, as per Clause 8 of the Plot Buyer`s Agreement dated 20.06.2007, Annexure C-1, they were only entitled to penalty/ compensation @Rs.50/- per square yard, per month, for the period of delay, beyond three years, from the date of execution of 

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8.            Bharathi Knitting Company vs. DHL Worldwide Express Courier Division of Airfreight Ltd., a case decided by a three Judge Bench of the Hon`ble Supreme Court, a question arose, that when the parties have contracted and limited their liabilities, whether the State/National Commission could go beyond the terms of the contract, and give relief for damages, in excess of the limit, prescribed under the contract or not. It was held that when there is a specific term, in the contract, signed by the parties, they are bound by the same, and relief for damages, in excess of the limit, prescribed under the same (contract), cannot be given. The principle of law, laid down, in the aforesaid case, is fully applicable to the facts of the instant case. Thus, as stated above, the complainants are only entitled to compensation/penalty @Rs.50/-, per square yard, per month, from 19.06.2010 (promised date) onwards, on account of delay, in the delivery of possession of the fully developed plot, as per Clause 8 of the Agreement, referred to above, and not the interest claimed by them, on the deposited amount. 

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                         The Opposite Parties, are directed to handover physical possession of the fully developed plot no.457, measuring 300 square yards, in Mohali Hills, sector 109, Augusta Park, S.A.S. Nagar, Mohali, Punjab, as per the terms and conditions of the Plot Buyer`s Agreement, to the complainants, within three months, from the date of receipt of a certified copy of this order.

                        The Opposite Parties, are further directed to pay penalty/compensation @Rs.50/- (Rupees Fifty only), per square yard, per month, from 19.06.2010 (the promised date of delivery of possession), till delivery of

                      The Opposite Parties, are further directed to pay compensation, in the sum of Rs.2 lacs, on account of mental agony and physical harassment, caused to the complainants, at their hands.

                       The Opposite Parties, are further directed to pay cost of litigation, to the tune of Rs.20,000/-, to the complainants.

                        Compensation granted to the complainants, as mentioned in Clause (ii), which has fallen due upto 31.08.2013, shall be paid by the Opposite Parties, within one month, from the date of receipt of a certified copy of this order, failing which, the said amount of compensation, in Clause (ii) shall carry interest @9% P.A., from 19.06.2010 (promised date), till delivery of possession.

                        Compensation accruingth

                     Compensation granted, in favour of the complainants, as mentioned in Clause (iii), shall be paid by the Opposite Parties, within a period of one month, from the date of receipt of a certified copy of the order, to them,

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Pronounced.

September 3, 2013

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

Rg.