MADHU MADAN Vs. DLF RETAIL DEVELOPERS LIMITED

JUDGEMENT

(1.) The admitted facts of the case are that the Complainants had booked a unit in the project of the Opposite Party called "DLF Capital Greens" situated at 15, Shivaji Marg, New Delhi on payment of Rs.7.5 Lakhs. The Complainants was allotted apartment No.CGV226 and parking No.PV3069. An Apartment Buyer's Agreement was executed between the parties on 23/9/2010. The total consideration amount of the unit was Rs.1,32,50,000.00. Vide letter dtd. 28/2/2013, the Complainants were asked to pay a sum of Rs.6,32,568.00. They have alleged that they had objected to such a demand. They learnt that this demand had been made on account of increase in the super area of the unit. The Opposite Party also unilaterally extended the delivery date of the apartment. The Complainants were offered possession vide letter dtd. 30/5/2017-. The Complainants have also challenged the payment of car parking and club charges. On these contentions, the present Complaint had been filed and several reliefs had been sought on behalf of the Complainants.

(2.) The Complaint has been contested by the Opposite Party. They have justified their action and have submitted that the delay had occurred on ground of several necessary approvals on the part of the competent authorities and several other reasons beyond their control. It is further contended that the Complainant has already been offered possession vide order dtd. 30/5/2017 and he has not come forward to make the complete payment and take possess. On these contentions, it is submitted that the Complaint is liable to be dismissed.

(3.) Parties led their evidences and filed written synopsises. We have heard the arguments and perused the relevant record.