The Emaar MGF Land Limited group of Chandigarh builders have been asked to refund Rs 50 lakh along with 15% interest by the consumer court to two flat owners who have accused the builders for not delivering their flats on time. The Consumer Complaint Forum has also directed the Emaar MGF (Chandigarh) Group to pay Rs 2 lakh as compensation and Rs 50,000 as litigation cost.
The Emaar MGF Land is a well renowned and highly acclaimed real estate developers based in India that undertake residential and commercial projects nationally and has not come under scanner due to consumer dissatisfaction since its initiation. But, this time it looks like the builders are going to get roasted because of its consumers.
Complaint Against the Builders- Emaar MGF (Chandigarh)
The complaint against the Emaar builders (Chandigarh) has been lodged at the consumer forum by two people named Kulvant Kapur and B S Kapur hailing from Delhi. Both of the consumers were allotted the flat for the time being after booking by the Emaar MGF Land in ‘The Views’ at Mohali Hills in Sector 105 SAS Nagar.
The two consumers were told by the builders that they will get the possession of their flats within 36 month i.e., by October 25, 2009 on purchasing the apartments. Immediately after receiving a payment of Rs 50.85 lakh from the duo, provisional allotment letters were given to them on October 26, 2006. But, the flats were not handed over to them by the builders until the year 2016.
Upon their delay the customers lodged their complaints regarding the issue, and accused the Emmar MGF(Chandigarh) builders for harassment and making false promises.
The Builder’s Plea
The builder, Emaar MGF Land, claims that the buyers of the two of its flats in the Mohali region of Chandigarh have purchased the flats with the sole purpose of investment and they are not eligible to be called as consumers under the Consumer Protection Act, 1986.
Moreover, the builders have been justifying themselves by saying that time is not regarded as the core element in the sale contract of any immovable property.
The State Consumer Forum Gives Right Justice
The Consumer Disputes Redressal Forum of Chandigarh issued their sentence in favor of the two flat owners by taking in consideration the fact that a false claim was made by the builder, Emaar MGF Land (Chandigarh) of handing over the residential unit to the consumer within the given grace period.
And directing them to producing Rs 50.85 lakh refund money along 15% interest. A compensation of Rs 2 lakh was also ordered for inducing physical harassment and mental anguish on the consumers with the lawsuit’s cost of Rs 50,000.
The forum in order to justify their decision told that the rights of the consumer are the first and foremost thing that a seller should take into consideration before making a deal. And a seller has no right of pestering its buyer in any way after retaining its hard earned cash.