Yet again the consumer court has shown that it is the consumer/homebuyer who is the king in the real estate sector in India and any deficiency in account of delay in handing over the possession will not be tolerated.
This time it is Emaar MGF Land Ltd and decision is by the State Consumer Disputes Redressal Forum in Chandigarh.
Brief facts of the case
- Complainant booked/paid Rs. 50.21 lakhs against a plot measuring 259 square yards in Emaar MGF Land Ltd’s project named ‘Mohali plots’ at Mohali hills in sector 104 of Mohali, Punjab.
- Total price was somewhere Rs. 52.34 lakh. As per the plot buyer agreement, possession was to be delivered on or before December 12, 2012.
- The agreement got executed on December 13, 2011 and to deliver possession, 12 months were stipulated in the agreement.
- Complainant visited respondent’s office in multiple occasions but no respite.
- Builder in their reply stated force majeure as the reason for not giving possession in time but they offered it formally on August 5, 2016 on completion of development works and basic amenities. Force majeure in simple words means a situation beyond one’s control, but courts must examine it before giving the advantage.
- Court did not find any merit on the excuse of force majeure in realtors agreement.
- This court directed them to refund Rs. 50.21 lakh to complainant t along with interest at the rate of 12% per annum, from respective dates of deposit onwards and Rs. 50,000 as compensation for mental agony and harassment on account of deficiency in services.
The Supreme Court in Energy Watchdog v. Central Electricity Regulatory Commission and Anr. held: “In so far as a force majeure event occurs de hors the contract, it is dealt with by a rule of positive law under Section 56 of the Contract. The performance of an act may not be literally impossible but it may be impracticable and useless from the point of view of the object and purpose of the parties.” Supreme Court in many of the judgments have held not every condition will make the contract frustrated as the test is to see whether the performance of the contract becomes impossible.
Builders on many occasions take the excuse of force majeure as the reason for not delivering possession on time but it has to be examined like this in this particular case.
You must have the legal assistance of best/top/expert real estate lawyer/advocate in Chandigarh Panchkula Mohali who could do justice to your case.
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