BEFORE THE DELHI STATE CONSUMER DISPUTES REDRESSALCOMMISSION,NEW

DELHI.

COMPLAINT CASE No. OF 2017

IN THE MATTER OF:-

SH. SWATANTARA KUMAR COMPLAINANT

VERSUS

M/S EMAAR MGF LAND LTD

OPPOSITE PARTY

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986

MOST RESPECTFULLY SHOWETH:

1. That the Complainant are law abiding citizens of India and reside at the address mentioned. The

Complainant is party to the Buyers agreement dated 25.08.2011, wherein the complaint is the Buyer

and opposite party is the Builder. That the Opposite Party no.1 is incorporated under the Companies

Act, 1956 and has its registered office at Emaar MGF Land Limited, ECE House, 1st Floor, 28

Kasturba Gandhi Marg, New Delhi - 110001

2. That the Opposite Party no 1. is a real estate company focused on developing residential and

commercial projects in Delhi /NCR. A copy of the Opposite Partys particulars as per the records of

the Registrar of Company is attached herewith and marked as Annexure A.

3. That on the basis of the promotion and advertisement of the opposite party of their project i.e.

Construction of independent build up floors under the name and style of Emerald Floors Select

by the Opposite party, (herein after referred as said project) the Complainant who desired to invest

in the said project approached the Opposite party for purchasing an independent floor on Ground

Floor of the building in a plot admeasuring 400 square yards bearing No. EFS-A-A-4F-094, M block /

Sector No. 65 in the said project.

4. That vide application dated 05.02.2011 the complainant applied for registration/provisional allotment

of the residential Independent Floor in the said project. The complainant booked an Independent

Floor bearing no. EFS-A-A-4F-094, located on Ground Floor situated in block/ building no. Amber

having a Super Area of 315.98 sq. mtrs [in 3400 sq. ft] herein after referred as said property), for a
 total consideration of Rs 21,358,600( Rupees Two Crore Thirteen Lakhs Fifty Eight Thousand Six

Hundred Rupees Only)

5. That, after diligently follow up and repeated request to execute the agreement for the said booked

property, the Complainant and the Opposite party entered into the Buyers agreement dated

25.08.2011 (herein after referred as said agreement) whereby, after accepting the terms and

conditions mentioned therein, the builder sold the said property in the said project to the Complainant

subject to the installments to be paid as per the annexure-III of the said agreement.

6. That, complainant as per the assurance of the Opposite party/builder paid the first and second

installment timely as per the SCHEDULE OF PAYMENT INSTALLMENT PAYMENT PLAN

annexed as Annexure-III of the said agreement. The details of the payment made to the Opposite

party are shown herein below:

Ist Installment (A)

S.no Particulars Date Cheque No. Amount(Rs.)

1. At the time of the application of 29.01.2011 000203 Rs 15,00,000/-

the said property (Booking
Amount/ Registration Amount)
2. Within 45 days of Booking 30.04.2011 473762 Rs 27,21,987/-
(Paid in installments)
30.04.2011 473763 Rs 38,9300/-

Total Amount --- Rs 4,611,287/-

IInd Installment (B)

S.no Particulars Date Cheque No./DD Amount(Rs.)

1. Within 90 days of Booking (Paid 07.10.2011 609790 Rs 38,9300/-

in Installments) 07.10.2011 609789 Rs 11,10,994/-

07.10.2011 119813 Rs 10,00,000/-

Total Amount --- Rs 2,50,0293/-

It is pertinent from the above table that till date the complainant has paid a total sum of Rs 71, 115,

81/- towards the application of the said property.

7. That, it is evident from the record maintained by the complainant and from the table above that all the

amount which were required to pay towards the installment for the start of the construction of the said

property was paid till October 2011, however, it was shocking for the Complainant that even after the

receipt of the amount, they did not heard anything about the start of the construction of the said

property since 2011.

8. That, in lieu of no response received from the opposite party regarding the stage of construction and

on lapse of almost three years since the agreement was signed, the complainant sent various emails

dated 16.05.2014, 3.07.2014 requesting the opposite party to provide a comprehensive status update

regarding the progress of construction, anticipated schedule for subsequent payments, and expected

date of completion of the completion and possession of the said property, however no reply was

sought by them with regards to the same.

9. That, for the first time in last five years , since, the complainant deposited a huge amount of Rs

71,115,81/- with the opposite party towards the allotment of the said property in the project, the

opposite party sent a demand letter dated 29.07.2016, demanding the complainant to pay the amount

due to be paid on Start Of Construction for a total sum of Rs 21,50,610/-

10. That, it was a shocking for the Complainant to receive illegal and baseless demands of further

payment on the pretext of Start of construction, since the above mentioned construction was not

even started by the opposite party. That, thereafter the opposite party has sent various illegal and

baseless demand letters on 29.07.2016, 23.08.2016, 30.08.2016, 19.09.2016, 6.10.2016, thereby

demanding the payment for the 3rd installment, 4th installment, 5th installment and 6th installment of a

total sum of Rs 8,602,439/-. It is clear from the above that the said demand letters were sent just to

extort extra money from and to harass the complainant.

11. That, further on receiving various illegal and baseless demands the complainant requested the

opposite party for the site visit, which thereafter was confirmed by the opposite party on 08.08.2016

to be visited on 13.08.2016 between 1100 to 1300 hours for the said property, that it is pertinent to

mention that as per the confirmation , the complainant visited the site on 13.08.2016, but to their utter

shock they were made to visit a site where there was no roads and made to believe that a scaffolding

structure is the construction being carried out for the said property, without there being any physical

confirmation on site of the fact that the said property was our property or not.

12. That, it is not out place to mention that, since the year 2011, no construction was ever raised by the

builder for the said property and was not functional in any whatsoever manner. Therefore, it is

vaguely and illegally stated by the opposite party in their letter that We would like to inform you that

construction for the property #: EFS-A-A-GF-094 in the Amber Block is being executed in the phased

manner as per the forecasted schedule shared on the website. Further pleased be informed that the

casting of Ground Floor Slab has already been completed for the said property and hence the

demand for the Start of Construction has been raised.

13. That, on 18.08.2016 ,the complainant, after the abovementioned site was visited by him sent a letter

to the opposite party showing his disappointments towards the negligence shown by the opposite

party with regards to the construction of the said property and thereby requesting the opposite party
 again to provide with the details regarding the commencement of the construction of the said property

along with the documentary proof, expected date of completion of the project, however no response

was received by the opposite party.

14. That it was further daring on behalf of the opposite party to send various illegal demand notices dated

10.10.2016, 16.10.2016, 04.11.2016 thereby demanding the payment for the 3rd installment, 4th

installment, 5th installment for a total sum of Rs 6,451,829/-, and again on 28.12.2016 demanding the

payment for the 3rd installment, 4th installment, 5th installment and 6th installment of a total sum of Rs

8,602,439/-.

15. That, thereafter in lieu of breach of obligations under the Buyers Agreement dated 25.08.2011 by the

opposite party and delay caused by the opposite party, on handing over the possession of the said

property, the complainant vide letter dated 06.12.2016 was constrained to terminate the Buyers

Agreement along with all ancillary commitments with immediate effect, on the condition that the

opposite party shall reimburse the said amount of Rs 71,11,581/- along with simple interest @ 24%

calculated from the dated of deposit till the date of payment, within 15 days of the receipt of the letter

failing which, the complainant will be forced to take legal action against the opposite party.

16. That, even after stating the terms of the refund of the paid amount, the opposite party, without taking

into consideration the genuine demands of the complainant decided the terms of the settlement

agreement unilaterally, agreeing to refund a lesser amount of Rs 68,79,951/- without any simple

interest which was not even close to the money paid by the complainant, a copy of which was sent by

them dated ________which the complainant at the very outset rejected thereby demanding the refund

of the paid amount as per his own terms as stated above.

17. That, on account of the email dated 17.02.2017 sent by the opposite party, with regards to collection

of the refund cheques, the complainant vide letter dated 16.03.2017 clearly stated the opposite party

that the refund or the monetary compensation if made shall be accepted only if the same ought to be

commensurate to the value of the property and sufficient enough to compensate the complainant for

the loss of the said property.

18. That, on the view of the disagreements, it was decided between the parties to settle the dispute of the

monetary compensation through mediation dated ______, That, further on 20.07.2017 when the

dispute was referred for mediation, the parties did not not arrive at any settlement.

19. That, it is clear from the above stated fact and submissions that, the opposite party was trying to

illegally extort hard earned money of the Complainant by making such illegal demands for the said

property which is still under no construction and not operational in anyway. Thus, cheating and

harassing the complainant.

20. That, since the inception the opposite party ensured that the possession with completion certificate of

the said property will be handed over to the complainant latest by October 2017. Now, that it has been

11 years since booking of the said property, there has been no construction on the said property.

Hence, the complaiant has no trust or faith left on the assurances of opposite party no and feel

cheated, therefore seeks refund of the total money deposited till date with the opposite party along

with interest.

21. That the Complainants have been immensely distressed by Opposite Partys uncooperative,

unsympathetic and unprofessional attitude and have suffered the following losses:

a. The loss of hard earn money invested in the said property, which was to be completed a long

time back, where the compliant was supposed to reside, therefore losing all the investment

made with the opposite party.

b. Mental agony and harassment due illegal demand of Rs.__________ towards the stage of

construction and the other installments by the Opposite Party arbitrarily and without reason.

22. That the cause of action against the Opposite Party accrued in favour of the Complainants on account

of the arbitrary action of the OP in demanding payment towards towards the stage of construction on

20.07.2016. It further arose when Complainant again demanded payment on the same pretext on

23.08.2016, 30.08.2016, 19.09.2016, 6.10.2016 and further on 10.10.2016, 16.10.2016, 04.11.2016

when the illegal demand notices where sent to the complainant. It again arose on 3.01.2017 when the

complainant decided the terms of the settlement unilaterally. It further arose on 20.07.2017 when the

parties did not arrive at settlement. It continues to subsist inasmuch as the said property is still not

anywhere near to completion .

23. That the subject matter of the dispute involves deficiency in service and unfair trade practice

amounting to more than 20lakhs. Further, the Opposite party has its Registered Office in Delhi and

the Complainant too, are residing within the local limits of this Honble Commission. As such, this

Honble Commission has pecuniary, subject matter as well as territorial Jurisdiction to adjudicate

upon the subject matter of the present Complaint.

24. That a draft of Rs _________ bearing No. __________ and dated ______ drawn on _______ is

appended with the present Complaint for the purposes of the Court fee.

25. That the Complainant have not instituted any other Complaint in respect of the present cause of action

before any other court of law or tribunal or commission.

PRAYER
That in view of the aforementioned facts and circumstances it is most humbly prayed that this

Hon'bleCommission may be pleased to pass a decree in favour of the Complainants and against the

Opposite Party in following terms:-

a. Direct the Opposite Party to refund all the payment made for the said property bearing no. EFS-

A-A-4F-094, located on Ground Floor situated in block/ building no. Amber having a Super Area

of 315.98 sq. mtrs [in 3400 sq. ft] which sums up to Rs 71,115,81/- along with simple interest on

the said amount charged @ 24% per annum payable from date of deposit of the amount with the

company..

b. For a sum of Rs____________________ towards the mental agony and harassment suffered by

the Complainants due to the negligent, baseless and illegal acts and demands of the Opposite

Parties.

c. For a sum of Rs._______________ to be paid by Opposite Party to the Complainants on account

of litigation expenses.

d. Any other order in favour of the Complainant which this Hon'ble Court deems fit in the light of

the facts and circumstances aforementioned.

Complainant

Through

SIDDHARTH BAMBHA
Bambha&Nandan
Counsel for the Complainants
Date: 28/44, Punjabi Bagh (West),
Place: New Delhi New Delhi 110 026
Mob: - 9811327014