VIKAS MITTAL Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(a) (i) of the Consumer Protection Act, 1986 (for short "the Act") by Mr. Vikas Mittal (hereinafter referred to as the Complainant) against the Opposite Parties, M/s DLF Universal Limited and Another(hereinafter referred to as the Opposite Parties) seeking delay compensation @12% per annum for delay in delivery of possession of the Apartment.

(2.) The brief facts leading upto the present Complaint are that the Complainant booked an Apartment (hereinafter referred to as the Unit) in the Project of the Opposite Party "DLF Capital Greens" situated at phase -II, Shivaji Marg, New Delhi. The Complainant paid Rs.7,50,000.00 as the booking amount as per application form dtd. 29/9/2009 and thereafter he was allotted Unit- CGM-074, 7 th floor, Block M vide allotment letter dtd. 5/10/2009. The Opposite Party No. 1 i.e. DLF Universal Limited (hereinafter referred to as the OP-1) and the Complainant executed an Apartment Buyer's Agreement dtd. 27/10/2010 (hereinafter referred to as the Agreement) wherein the total consideration of the Unit was mentioned as Rs.1,05,26,250.00. As per clause 11(a) of the Agreement the Unit was to be delivered within 36(thirty-six) months from the date of Application Form i.e. by 29/9/2012. The relevant portion of Clause 11(a) reads as under:

(3.) In view of the discussion above, the Consumer Complaint is partly allowed. The Opposite Parties/builder is directed to pay delay compensation @6% per annum to the Complainant on the amount deposited by him from the revised date of possession i.e. 29/9/2014 till 9/5/2019 i.e. the date when the possession letter of the Unit was received by the Complainant within a period of six weeks from this Order. Any delay beyond this will attract an interest of 9% per annum.