JUSTICE V.K.JAIN, (ORAL)

IA/3986/2017 (Under section 8 of Arbitration and Conciliation Act)

In view of the decision rendered by a three-Members Bench of this Commission on 13.7.2017 in Consumer Complaint No.701 of 2015 - Aftab Singh Vs. Emaar MGF Land Ltd. & Anr. and connected matters, the application is  dismissed.

CC/1967/2016

The complainants booked a residential plot with the opposite party in a scheme, namely, ‘Uniworld City’, which the opposite party was to develop in Sector 97, 106 & 107 of Mohali in Punjab. Plot No.0006 in Block-C in Sector 107 was allotted to the complainants for a consideration of Rs.74,72,010/-. The parties also entered into plot Buyer’s Agreement dated 16.5.2008 incorporating their respective obligations. As per clause 4.a of the said agreement, the possession was to be delivered within 36 months from the  execution of the said agreement, meaning thereby that the possession ought to have been delivered by 16.5.2011.

2.      The grievance of the complainants is that despite they having already paid Rs.72,18,000/- to the opposite party, the possession of the plot has not been delivered to them till date. The complainants are, therefore, before this Commission seeking possession of the plot allotted to them or in the alternative refund of the amount paid by them along with interest and compensation.

3.      The OP did not file its written version within the prescribed period and its right to file the said written version was closed vide order dated 11.7.2017. I have heard the learned counsel for the parties and have considered the affidavit filed by the complainants by way of evidence.

4.      The learned counsel for the complainants states that since the OP has not offered possession of the plot even during pendency of the complaint, complainants are no more interested in waiting any further and want refund of the entire amount paid by them along with compensation in the form of interest. He further states on instructions that in order to avoid any further litigation in the matter, the complainants are restricting their claim  to refund of the entire principal amount paid by them, along with compensation in the form of simple interest @ 10% per annum in terms of clause 4.e of the Buyer’s Agreement, which reads as under:-

“4.e  If for any reason the Developers are not at all in a position to offer the plot, as agreed herein, the Developers may offer the Purchaser(s) an alternative property or refund the amount in full with interest @ 10% per annum without any further liability to pay damages or any other compensation.”

  5.    In view of the statement made by the learned counsel for the complainants, the complaint is  disposed of with the following directions:

1. The opposite party shall refund the entire principal amount of Rs.72,18,000/- to the complainants, along with compensation in the form of simple interest on that amount @ 10% per annum from the date of each payment till the date on which the aforesaid amount is actually refunded along with compensation in the form of interest in terms of this order.
2. The opposite party shall pay Rs.25,000/- as the cost of litigation to the complainants.
3. The payment in terms of this order shall be made within three months from today.