The UT District Consumer Disputes Redressal Forum has penalized Emaar MGF Land Limited Sector 17, for ‘gross deficiency in services’ and ‘unfair trade practice’.
According to the complainants, Parveen Kapoor and Romil, both residents of Mohali, they booked an apartment in the Residential Project of the company, The Views, at Mohali Hills, by paying a sum of Rs 7 lakh in February 2008. An apartment was allotted to them, which was later changed to a different one. The two women alleged that in March, the company raised a demand of Rs 2,49,316 as 20 percent of the total sale price of the apartment to be deposited latest by April, even though the construction work at the site had not started.
In case of a delay in payment, the amount was to be subject to delayed interest. However, the company canceled the allotment in December on grounds of outstanding amount of Rs 20,60,619. The complainants alleged that they visited the company office, requesting them to accept the due payment along with delayed interest, but were told that the apartment had been allotted to someone else.
The company argued that it had given the Buyer Agreement to the complainants in respect of the allotted flat and called them to sign it, but the women neither signed it nor deposited the outstanding amount of Rs 20,60,619 and, hence, the company was forced to cancel the provisional allotment made in favor of the complainants and forfeited the registration money.
The forum, however, ruled that the complaint had merit and directed the company to re-issue a re-allotment letter to the complainants in respect of the flat on receipt of the outstanding amount or to refund the registration money. They are to be repaid the litigation cost of Rs 15,000.
