RAJESH KUMAR PASSI AND POONAM PASSI vs EMAAR MGF LAND LTD THROUGH ITS MANAGING DIRECTOR AND OTHER DIRECTORS NOW KNOWN AS EMAAR INDIA LIMITED

Order pronounced. The complaint is dismissed being not maintainable. Detailed order will follow. Matter stands disposed off.

The present complaint was filed on 06.09.2022 and registered as complaint no. 6044 of 2022 and the respondent has filed reply to the present complaint on 24.11.2022. On hearing dated 15.02.2024, the counsel for both the parties sought adjournment to explore the possibility of amicable settlement. But till date, no settlement deed has been placed on record. Succinct facts of the case as per complaint and reply are as under: S. No. Particulars Details Name of the project “Premier Terraces at Palm Drive”, Sector 66, Gurugram, Haryana Nature of project Group housing colony DTCP License no. i.          228 of 2007 dated 27.09.2007 valid up to 26.09.2019 ii.       93 of 2008 dated 12.05.2008 valid up to 11.05.2020 Unit no.  J-1203, Tower-J, 12th floor (As per page no. 89 of the complaint) Unit area 1947sq. ft.  (Super Area)  (As on page no. 137 of the complaint) (Note: Super Area was increased to 1947 sq. ft. from 1900 sq. ft.) 6.       Application for allotment 05.08.2008 (As per page no. 31 of the complaint) Allotment letter 11.08.2008 (As per page no. 43 of the complaint) Date of execution of  buyer’s agreement  24.09.2008 (As per page no. 85 of the complaint) Possession clause 14. POSSESSION (a)             Time of handing over the Possession Subject to terms of this clause and subject to the Apartment Allottee having complied with all the terms and conditions of this agreement, and not being in default under any of the provisions of this agreement and compliance with all provisions, formalities, documentation etc., as prescribed by the Company, the Company proposes to hand over the possession of the Apartment/Villa/Penthouse by December 2010. The Apartment Allottee agrees and understands that the Company shall be entitled to a grace period of ninety (90) days, for applying and obtaining the occupation certificate in respect of the Group Housing Complex.                                   (Emphasis supplied) (As on page no. 103 of the complaint) Due date of possession December 2010 (As mentioned in buyer’s agreement) Total sales consideration Rs.1,00,43,380/- (As per page no. 90 of the complaint) Amount paid by the complainants Rs.1,11,44,015/- (As per SOA on page no. 139 of the complaint) 13.          Occupation certificate 13.02.2017 (As per page no. 47 of the reply) Offer of possession 10.04.2017 (As per page no. 146 of the reply) Indemnity cum undertaking 25.04.2017 (As per page no. 152 of the reply) Unit handover letter 28.06.2017 (As per page no. 137 of the complaint) Conveyance deed 14.07.2017 (As per page no. 148 of the complaint)   The counsel for the complainant states that though the unit was handed over way back in 2017 and conveyance deed was also executed on 14.07.2017 but the unit was not handed over with all the amenities as promised as per BBA. The counsel for the respondent states that after obtaining occupation certificate on 13.02.2017 the offer of possession of the unit was made on 10.04.2017 and unit was handed over on 28.06.2017 and conveyance deed has also been executed on 14.07.2017. An indemnity-cum-agreement was signed by the complainant on 25.04.2017, hence the present complaint is barred by limitation. The counsel further states that the relief regarding amenities has not been sought at the time of filing of complaint and cannot be raised at this belated stage. The counsel for the complainant has already filed written submissions and the counsel for the respondent is filing written submissions today and a copy of the same has been supplied to the counsel of the complainant. Arguments have already been heard. Matter to come up on 05.12.2024 for pronouncement of order.

The present complaint was filed on 06.09.2022 and registered as complaint no. 6044 of 2022 and the respondent has filed reply to the present complaint on 24.11.2022. On hearing dated 15.02.2024, the counsel for both the parties sought adjournment to explore the possibility of amicable settlement. But till date no settlement deed has been placed on record. Succinct facts of the case as per complaint and reply are as under: S. No. Particulars Details Name of the project “Premier Terraces at Palm Drive”, Sector 66, Gurugram, Haryana Nature of project Group housing colony DTCP License no. i.          228 of 2007 dated 27.09.2007 valid up to 26.09.2019 ii.       93 of 2008 dated 12.05.2008 valid up to 11.05.2020 Unit no.  J-1203, Tower-J, 12th floor (As per page no. 89 of the complaint) Unit area 1947sq. ft.  (Super Area)  (As on page no. 137 of the complaint) (Note: Super Area was increased to 1947 sq. ft. from 1900 sq. ft.) 6.       Application for allotment 05.08.2008 (As per page no. 31 of the complaint) Allotment letter 11.08.2008 (As per page no. 43 of the complaint) Date of execution of  buyer’s agreement  24.09.2008 (As per page no. 85 of the complaint) Possession clause 14. POSSESSION (a)             Time of handing over the Possession Subject to terms of this clause and subject to the Apartment Allottee having complied with all the terms and conditions of this agreement, and not being in default under any of the provisions of this agreement and compliance with all provisions, formalities, documentation etc., as prescribed by the Company, the Company proposes to hand over the possession of the Apartment/Villa/Penthouse by December 2010. The Apartment Allottee agrees and understands that the Company shall be entitled to a grace period of ninety (90) days, for applying and obtaining the occupation certificate in respect of the Group Housing Complex.                                   (Emphasis supplied) (As on page no. 103 of the complaint) Due date of possession December 2010 (As mentioned in buyer’s agreement) Total sales consideration Rs.1,00,43,380/- (As per page no. 90 of the complaint) Amount paid by the complainants Rs.1,11,44,015/- (As per SOA on page no. 139 of the complaint) 13.          Occupation certificate 13.02.2017 (As per page no. 47 of the reply) Offer of possession 10.04.2017 (As per page no. 146 of the reply) Indemnity cum undertaking 25.04.2017 (As per page no. 152 of the reply) Unit handover letter 28.06.2017 (As per page no. 137 of the complaint) Conveyance deed 14.07.2017 (As per page no. 148 of the complaint)   The complainants are seeking delayed possession charges. The counsel for the complainants states that though the unit was handed over way back in 2017 and conveyance deed was also executed on 14.07.2017 but the unit was not handed over with all the amenities as promised in the BBA. The counsel for the respondent states that after obtaining occupation certificate on 13.2.2017 the offer of possession of the unit was made on 10.4.2017 and unit was 28.6.2017 and conveyance deed has also been executed on 14.7.2017. An indemnity-cum-agreement was signed by the complainant on 25.4.2017 hence the present complaint is barred by limitation. The counsel further states that the relief regarding amenities has not been sought in the complaint and cannot be raised at this belated stage. Arguments heard. Both the counsels for the parties are directed to file written submissions within 4 weeks with an advance copy to each other. Matter to come up on 10.10.2024 for further proceedings.