UTPAL TREHAN Vs. DLF HOME DEVELOPERS LTD

JUDGEMENT

(1.) Leave is granted on the limited question which was formulated by this Court at the time of issue of notices, by the order passed on 3/1/2022 in SLP (C) No.19226 of 2021. So far as SLP (C) Nos.5871-5872 of 2022 are concerned, leave is granted on the point on which the appellants thereof had confined their grievances, recorded in our order passed on 19/4/2022. We shall refer to these points later in this judgment. The controversy which we shall address in this judgment revolves around the quantum of compensation that the appellant in SLP (C) No.19226 of 2021 (now appeal) would be entitled to receive because of delay in delivery of possession of a flat as also the appellant's obligation to pay maintenance charges in respect thereof.

(2.) The specific disputes giving rise to these appeals relate to an Apartment Buyers' Agreement, executed on 3/12/2008 between Utpal Trehan (whom we shall henceforth refer to as "allottee") and DLF Home Developers Limited (we shall refer to them as the "builder") for purchase of a flat, within a complex named New Town Heights in Sector-91, Gurgaon (now Gurugram), Haryana. This was booked by the allottee on depositing a sum of Rs.5.00 lakhs in March 2008. The allotment letter was issued on 16/4/2008, and allocation was made of Apartment No. GBD-153 along with its parking. As per the Apartment Buyers' Agreement, the area of the flat was to be 1760 square feet (super area). The consideration amount was Rs.45,12,000.00, to be paid as per instalment payment plan forming part of the Agreement. The stipulation relating to possession of the flat is contained in Clauses 11 and 17 of the said Agreement. A copy of the draft Agreement has been annexed to the allottee's paper book. In substance, the time for possession has been stipulated to be within 36 months from the date of execution of the Agreement subject to certain qualifications and exceptions incorporated in the Agreement itself. This date of delivery of possession, along with the effects thereof, underwent certain changes, as there was delay on the part of the builders in getting certain regulatory clearance. Mr. Pinaki Mishra, learned Senior Advocate has appeared for the builder and the allottee has appeared in person before us.

(3.) The facts forming genesis of the grievances of the allottee have been summarised in the decision of the National Consumer Dispute Redressal Commission ("National Commission") delivered on 23/7/2021, which is under appeal before us. We quote below the relevant passages from this decision:-