SHIV KUMAR Vs. D.L.F. UNIVERSAL LTD

JUDGEMENT

(1.) Heard Ms. Neha Garg, and Mr. Nitin Garg, Advocate, for the complainant and Mr. Pravin Bahadur, Advocate, for opposite party.

(2.) Shiv Kumar has filed aforementioned complaint, for directing the opposite party (hereinafter referred to as the builder) (i) to refund Rs.13262677.00 along with interest @18% per annum, from the date of respective deposits till the date of payment, (ii) to pay appropriate compensation and (iii) any other relief, which is deemed fit and proper in the facts and circumstances of the case.

(3.) The facts, as stated in the complaint and emerged from the documents attached with the complaint, are that the builder was a company, incorporated under the Companies Act, 1956 and engaged in the business of development and construction of residential and commercial buildings and selling its unit to the prospective buyers. In the year 2007, the builder launched a project of commercial complex in the name of "DLF Shivaji Towers" at 15, Shivaji Marg/Nazafgarh Road, West Delhi. M/s. Japmun Enterprises (the predecessor-in-interest of the complainant) booked one unit of commercial space and was allotted Unit No.-DTS-043, on 27/9/2007, on ground floor, in the said complex, super area 1077 sq.ft., sale price Rs.20739900.00, which included Cost of Parking and Preferential Location charge. M/s. Japmun Enterprises deposited total Rs.11423242.75 with the builder before 11/9/2008. With consent of the builder, the complainant purchased aforesaid Unit No.-DTS-043 from M/s. Japmun Enterprises, on 11/9/2008, for earning his livelihood by way of self employment. The builder took an undertaking dtd. 13/9/2008 from the complainant that balance amount of Rs.9316657.25would be paid to the builder as per agreement. The builder substituted the name of the complainant in their record on 14/9/2008, in place of M/s. Japmun Enterprises. The builder issued a letter dtd. 30/12/2008, revising the payment schedule as the construction could not be started on due date. In this letter, if any buyer had paid more than 35% of the cost, then he was given advance payment rebate @13% per annum from the date of such payment till due date as per construction linked payment plan. In this letter date of commencement of foundation work was given as 15/3/2009 and date of offer of possession was given as 15/7/2010 and total sale price had to be paid in 12 instalments. Commercial Space Buyer's Agreement was executed on 19/1/2009, in favour of the complainant. The builder, vide letter dtd. 15/7/2009, proposed to return the amount, in excess of 35% of sale price along with interest @13% per annum and sent a cheque of Rs.607302.00 as rebate on excess of 35% of sale price. Vide letter dtd. 30/12/2009, the builder informed that excess amount of Rs.4879642.68 had been credited in the account of the complainant. The builder, vide letter dtd. 31/12/2009, informed that Rs.69160.32 was charged as interest due to delay. The builder, vide letter dtd. 12/7/2010, announced "Timely Payment Rebate" of Rs.1000.00 per sq.ft. and proposed to change Unit No.DTS-043 (area 1077 sq.ft.) with Unit No.DSM-004 (area 807 sq.ft.). Finally Unit No. DSM-007 (area 1246 sq.ft.) was changed, vide letter dtd. 15/9/2010. The complainant paid Rs.13262677.00 till 8/11/2010. The builder issued demand/reminder letters dtd. 28/12/2010, 12/1/2011, 14/1/2011, 31/1/2011 and 7/2/2011, raising demands. The complainant, vide letter dtd. 22/2/2011, inquired about the stage of construction. The builder, vide letter dtd. 3/3/2011, informed that they would offer interim possession within two months and raised demand of Rs.5578492.00 immediately and Rs.2000757.00 till 15/3/2011. The builder issued a reminder dtd. 22/3/2011. The complainant filed a consumer complaint (CC/436/2011) before District Consumer Disputes Redressal Forum, New Delhi on 13/4/2011, for restraining the builder to raise any demand and pay delayed compensation of Rs.2.00 lacs. The builder, vide letter dtd. 11/5/2011, cancelled the allotment of the complainant and forfeited Rs.4790169.25. District Forum, vide order dtd. 6/6/2011, held that cancellation letter dtd. 11/5/2011 was invalid and directed the builder to permit the complainant to visit the site and accept the amount from him. The complainant gave a cheque of 1606111/- dtd. 7/6/2011 but the builder did not accept that cheque and returned it. The builder issued a demand letter dtd. 10/6/2011, demanding total Rs.9376548.00 within 10 days. The builder sent another letter dtd. 10/12/2013, demanding Rs.206899.09 as maintenance charges. The builder sent another letter dtd. 24/1/2014, demanding Rs.2423928.43 as holding charges. The builder also sent electricity bills dtd. 25/2/2014 and 12/3/2014. Municipal Corporation of Delhi also issued a notice dtd. 24/2/2014, for assessment of Property Tax. The builder was adamant on their demand of 90% of sale price although construction was not in progress nor possession was expected in near future. Then the complainant withdrew CC/436/2011 on 12/8/2014 and filed this complaint on 26/8/2014 on the allegations that the builder has committed unfair trade practice.