AVNISH KUMAR Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) The present Execution Application has been filed by Avnish Kumar, Complainant against M/s. DLF Universal Limited (hereinafter referred to as the Opposite Party Developer).

(2.) Brief facts of the case as narrated in the Execution Application are that the Complainant booked a residential Flat in the Project "DLF Capital Greens" situated Shivaji Marg, New Delhi, being developed by M/s DLF Universal Ltd., (hereinafter referred to as Opposite Party Developer). Flat was to be delivered by 25/4/2013 but the Developer vide letter dtd. 6/9/2016 directed the Complainant to give an undertaking, in the form prescribed by the Developer, to the effect that the Complainant shall not file any legal proceedings in subject matter of the flat in question. Being aggrieved, the Complainant filed Consumer Complaint No. 1084 / 2017 before this Commission. This Commission passed Interim Order on 8/1/2013, which reads as under:-

(3.) After continuous follow-up, the Opposite Party Developer vide letter dtd. 21/9/2018 again asked the Decree Holder to give the same undertaking/indemnity bond, in reply to which, the Complainant vide email dtd. 3/10/2018 informed the Opposite Party Developer that he is ready to accept the possession of the Flat without prejudice to his rights and contentions. Despite that the Judgment Debtor/OP is avoiding to hand over the possession under one or the other pretext. Therefore, the Opposite Party Developer has not complied with the directions given vide Order dtd. 8/1/2018. Feeling aggrieved the Complainant has filed the present Execution Application with the following prayer:-