DLF HOMES PANCHKULA PRIVATE LIMITED Vs. VINAY NARWAL

JUDGEMENT

(1.) The present bunch of Appeals has been filed against the Orders dated 10/11/2016, 23/03/2017, 31/03/2017, 21/04/2017, 17/05/2017, 11/07/2017 and 28/05/2018 passed by the UT Chandigarh State Consumer Disputes Redressal Commission UT Chandigarh (hereinafter referred to as State Commission), whereby the Complaints filed by the Complainants before the State Commission were allowed and the Opposite Party DLF Homes Panchkula Private Limited (hereinafter referred to as the OP Developer) was directed to hand over the physical possession of the units allotted to the Complainants; execute and get registered the sale deed in respect of the Units; Pay compensation by way of interest @12% p.a. on the deposited amounts to the Complainants from 31.12.2013 till 30.11.2016 within 45 days failing which, the said amount shall carry interest @15% p.a. instead of 12% p.a.; Pay compensation by way of interest @12% p.a. on the deposited amount w.e.f. 1.12.2016 onwards (per month) till possession is delivered, by 10 th of the following month, failing which, penal interest @15% p.a. instead of 12% p.a., from the date of default, till the payment is made and to pay compensation of 1,50,000.00 on account of mental agony, physical harassment and deficiency in service alongwith 35,000.00 towards cost of litigation within 45 days from the date of receipt of a certified copy of the order, failing which the said amount shall carry interest @12% p.a. from the date of filing the Complaint till realisation.

(2.) Since the facts and questions of law involved in all these Appeals are similar except for minor variation in the dates and events, these Appeals are being disposed off through this common Order. However, for the sake of convenience, FA No. 1742 of 2016 is treated as the lead case and the facts enumerated hereinafter are taken from Consumer Complaint No. 375/2016.

(3.) Brief facts of the case are that the OP Builder launched a residential Project in the name and style as 'DLF Valley Panchkula ', located at sector 3, Pinjore-Kalka Urban Complex, Panchkula, in the year 2010. Ms. Harbhajan Kaur (hereinafter referred to as original allottee) was allotted Floor No. DVF-E4/10-SF on 22.03.2010. Independent Floor Buyer 's Agreement (hereinafter referred to as the 'Agreement ') was executed between the OP Builder and Original Allottee on 31.12.2010. As per Clause 11(a) of the Agreement, the OP Developer was obliged to complete the construction of the said Project within 24 months (2 years) from the date of Agreement unless there is delay due to a force majeure condition or due to reasons mentioned in clause 11(b) and 11(c). Allured by the assurances given by the representative of the OP Developer that the construction of the Project is in full swing and he will get the independent floor with all modern facilities by the end of the year 2012, Vinay Narwal (hereinafter referred to as the 'Complainant ') purchased an independent floor No. DVF-E4/10-SF in resale from Ms. Harbhajan Kaur (original allottee) vide Agreement to Sell dated 10.02.2012 and the OP Developer transferred the said Floor in his name vide letter dated 23.02.2012. Despite receiving payments of more than 95% of the total sale consideration on different dates between 2010 to 2016, the OP Developer failed to deliver the possession of the Floor within stipulated period, i.e., by the end of the year 2012, it offered possession only on 08.06.2016. It was also stated in the Complaint that the OP Developer for saving their cost has changed the lay-out plan of the floor, due to which the size of the rooms became smaller. It was further stated that the OP Developer raised illegal demand on account of change in area, other charges, club house membership charges, cost of electricity expenditure and VAT. Alleging Deficiency in Service on the part of the OP Developer, the Complainant filed a Consumer Complaint with following reliefs:-