^{UNIONTERRITORY,CHANDIGARH}

1.      

2.      

Both residents of House No.3256, Sector 21-D,^{….…Complainants}

^{V E R S U S}

1.        M/s Emaar MGF Land Pvt. Ltd., MGF House, 17-B, Asaf Ali Road, New Delhi-110002, through its Authorized Signatory Rakshit Jain.

Corporate Office at

ECE House, 28, Kasturba Gandhi Marg, New Delhi.

Second Address:

SCO No.120-122, 1st Floor, Sector 17-C, Chandigarh through its Authorized Officer.

2.        Mr.Mohit Kaura, AGM Customer Care Services, M/s Emaar MGF Land Pvt. Ltd., SCO No.120-122, 1st Floor, Sector 17-C, Chandigarh

^{.….. Opposite Parties}

BEFORE:

Argued by:Sh.Alok Kumar Jain, Advocate for the complainants.

Sh.Sanjeev Sharma, Advocate for the Opposite Parties.

PER PADMA PANDEY, MEMBER

                   transferred all its rights, title and interests in the said plot in favour of the complainants, which was acknowledged by the Opposite Parties, vide letter dated 22.11.2010, Annexure C-2.        

2.                   bearing No.622 of 2013 before District Forum-II, UT, Chandigarh, 

a)        To hand over the possession of the said plot after providing all the basic amenities.

b)        To refund a sum of Rs.5,04,152/- and Rs.53244/- alongwith 18% interest to be calculated from the date, the same was received from the Government of Punjab till its actual payment to the complainants.

c)        To pay a sum of Rs.50/- (Rupees fifty only) per sq. yds per month for such period of delay beyond 3(three) years from the date of execution of this Agreement (as per clause 8) alongwith interest @18% p.a. on the said amount.

d)        And further continue to pay till possession of the plot alongwith all the basic amenities is handed over to the complainant

e)        And further the Opposite Party be directed upon to pay a sum towards the rent paid by complainant, till the date of issuance of notice and for the period subsequent thereto;

f)         And pay a sum of Rs.12.00 lacs approximately paid as interest to the Financial Institutions by my client;

g)        To pay a sum of Rs.50,000/- towards mental agony and harassment and for loss of time, energy and business to the complainant.

h)        To pay the difference in the cost of construction as per the declared index of 2009 (when the possession had to be delivered) viz-a-viz the index of     

i)         To assess and grant cost of litigation incurred by the complainant.

j)         Any other of further relief which this 

3.                     

4.                   

5.                 

6.                 

7.                 

8.                     . The terms and conditions of the Plot Buyer’s Agreement are binding between the parties.  Sonic Surgical Vs National Insurance Company Ltd. IV (2009) CPJ 40 (SC), the Apex Court

 “4.          In our opinion, no part of the cause of action arose at Chandigarh. It is well settled that the expression cause of action means that bundle of facts which gives rise to a right or liability. In the present case admittedly the fire broke out in the godown of the appellant at Ambala. The insurance policy was also taken at Ambala and the claim for compensation was also made at Ambala. Thus no part of the cause of action arose in Chandigarh.

XXX                            XXX                       XXX

8.      

9.                 Sonic Surgical’s case (supra),Sonic Surgical’s case (supra), before the Hon’ble Supreme Court, an argument was advanced, by the Counsel for the appellant/complainant, that since the Branch Office of the Insurance Company, was situated at Chandigarh, even if, no other cause of action arose to the complainant, within the territorial jurisdiction of Chandigarh, the State Commission, at Chandigarh, had jurisdiction to entertain and decide the complaint. That argument of the Counsel for the appellant/complainant therein, was rejected, by the Hon’ble Supreme Court, in the manner, referred to above.  The principle of law, laid down, in Sonic Surgical’s case (supra), is fully applicable to the facts and circumstances of the instant case. 

10.               

11.               

12.             ^{The file be consigned to Record Room, after completion.}

Pronounced.

22.05.2014  [JUSTICE SHAM SUNDER [RETD.]

                                                                                                                       [DEV RAJ]

Sd/-

^{[PADMA PANDEY]}

^MEMBER

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