Party to the case
Mr. Rohit Ahuja & Anr. Vs. M/s EMAAR MGF Land Limited.
The Complainants booked a flat and executed the Builder Buyer Agreement on 24.04.2012 wherein the flat was to be given by 27.02.2016. As per the payment plan the Complainant had already been paid more than 95% towards the sales consideration. The Builder Buyer Agreement contained impugned clause that the ratio of apartment area to the super area may undergo change till the completion of the building. In such circumstances it has become difficult for the complainants to decipher as to how much of the excess amount has been charged by the respondent for the area for which the respondent cannot otherwise charge with from the complainants. Therefore, the present Complainants submitted that the Respondent is under the statutory obligation to disclose the carpet area and refund the amount taken for the area which is not chargeable under Real Estate (Regulation and Development) Act, 2016. On other hand, the Respondent submitted that the complainants are clearly an investor, the fact that Smt. Shalini Ahuja wife of Mr. Rippen Ahuja has applied for and has been provisionally allotted Unit No. PH4-31-0902 in Palm Hills project of the respondent. It is a matter of record that Smt. Shalini Ahuja has filed separate complaint no. 265/2018 pertaining to unit no. PH-4-31-092 in Palm Hills Project, Gurugram is pending before the authority. Mr. Rippen Ahuja is the co-applicant in instant case. The complainants are clearly investors having invested with a view to earn quick profit. Further, complainants are defaulters and deliberately fail to make payments of installments within time, which results in delayed payment charges as reflected in statement of accounts. Hence, present complaint should be rejected.
The Hon’ble Authority directed to the Respondent to pay the monthly interest @ 10.45% till handle over the possession to the Complainant.