KRISHNA DEVI Vs. DLF HOME DEVELOPERS LTD.

JUDGEMENT

(1.) The admitted facts of the case are that the original allottee had booked a unit in the project of the Opposite Party called "DLF Capital Greens" situated at 15, Shivaji Marg, New Delhi. The allottee was issued an allotment letter dtd. 27/4/2009. He was allotted apartment No.CGE082, i.e., the Unit No.2 on the 8th Floor (i.e. 82) in the Building titled - E (Phase 1) in the said project. An Apartment Buyer's Agreement was executed between the original allottee and the Opposite Party on 11/9/2009. The total consideration amount of the unit was Rs.98,75,000.00. Vide letter dtd. 1/7/2011, the said premises was transferred in favour of the Complainant. Vide letter dtd. 30/8/2016 the Complainant was asked to make a payment of further amount of Rs.10,07,500.00. The Complainant has alleged that she had objected to such a demand. She learnt that this demand had been made on account of increase in the super area of the unit. The Opposite Party unilaterally extended the delivery date of the apartment and subsequently, the Complainant was offered possession vide letter dtd. 5/1/2018. The Complainant has 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 Complainant.

(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. 5/1/2018 and she has not come forward to make the complete payment and take possession. 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.