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Emaar Mgf Land Ltd. & Anr. vs Dyal Singh on 3 July, 2015 cites

Emaar Mgf Land Ltd vs Karnail Singh on 14 November, 2014

24.   The Counsel for the complainant, submitted that the complainant, besides refund of the amount, aforesaid, alongwith interest and compensation, is also entitled to penalty  @Rs.5/- per square feet, per month of the super area, as per the Apartment Buyer`s Agreement dated 17.06.2008, Annexure C/4, referred to above, for such period of delay, beyond three years, from the date of allotment of the apartment, in question. This submission of the Counsel for the complainant, does not appear to be correct. Such a submission of the Counsel for the complainant, would have been considered to be correct, had the complainant, prayed for delivery of physical possession of the apartment. In the instant case, as stated above, prayer for the refund of amount, aforesaid, was made by the complainant, in the circumstances, referred to above. This Clause could be invoked by the complainant, only, in the event, he had sought the relief of delivery of physical possession of the apartment. The complainant, in our considered opinion, as stated above, is only entitled to the refund of amount, aforesaid, alongwith interest @12% P.A., which (interest) would take care of financial loss, suffered by him. As far as compensation for mental agony and physical harassment, damages, and escalation in prices is concerned, the complainant has been separately awarded the same, to the tune of Rs.1,50,000/-, as held in paragraph 22 above."
Supreme Court - Daily Orders Cites 0 - Cited by 25 - Full Document
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