VEENA GUPTA Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed by the Complainant under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") against the Opposite Party, M/s. DLF Universal Limited (hereinafter to be referred to as "the Developer) seeking vacant physical possession of the booked Apartment and compensation on account of delay in handing over the possession.

(2.) It has been, inter alia, averred in the Complaint that in the year 2010, the Developer launched a Group Housing Project, namely, "DLF Capital Greens",to be constructed on a land admeasuring approximately 31.15 acres situated at DLF Capital Greens - Phase III at 15, ShivajiMarg, New Delhi-110015.

(3.) Swayed with the impressive publicity by the Developer in the Media and the assurances given by them, the Complainant booked an Apartment in the above said Project of the Developer on 30thNovember, 2010 and paid the registration/booking amount of Rs. 15,38,625/-. The total sale consideration of the Apartment was Rs. 3,96,45,000/-.Vide Allotment Letter dated 02.12.2010, the Complainant was allotted Apartment No. Y011, 1st Floor, Unit No.1 admeasuring Super Area of 2885 Sq. Ft. along with Parking Nos. PY2041/PY/2042/PY/2043. The Apartment Buyer's Agreement (hereinafter to be referred to as the "Agreement") was executed between the parties on 20.05.2011. In terms of Clause 11(a) of the Agreement the Developer was under an obligation to complete the construction of the said Apartment within a period of 36 (thirty six) months from the date of Application unless there shall be delay or failure due to Force Majeure conditions and reasons specified in Clause meaning thereby the Construction was completed on or before 30.11.2013.