NAVEEN KOHLI Vs. DLF UNIVERSAL LTD

JUDGEMENT

(1.) The admitted facts of the case are that the Complainant had booked a unit in the project of the Opposite Party called "DLF Capital Greens" situated at 15, Shivaji Marg, New Delhi. The Complainant was issued an allotment letter dtd. 22/3/2010 on payment of Rs.15.00 Lakhs. He was allotted apartment No.CX9X102 along with parking No.PX1003X2001A/PX2001. An Apartment Buyer's Agreement No.056 was executed between the parties on 15/1/2011. The total consideration amount of the unit was Rs.3,93,93,000.00. The Opposite Party also promulgated early payment scheme wherein they provided rebate @ 12.5% p.a. for the advance payment and this scheme was communicated to him vide letter dtd. 27/8/2012. In response to the said scheme, the Complainant made an early payment of Rs.90.00 Lakhs between the period 17/4/2013 to 26/7/2013. Despite the early payment, the benefit under early payment scheme was not given to the Complainant. He was informed vide an e-mail dtd. 20/11/2014 that the early payment rebate scheme had been withdrawn by the Opposite Party. He protested such a unilateral act of the Opposite Party. The Opposite Party also unilaterally extended the delivery date of the apartment. The Complainant was offered possession vide letter dtd. 28/6/2017 on payment of further amount of Rs.95,86,140.00. The Complainant has alleged that he had objected to such a demand. He learnt that this demand had been made on account of increase in the super area of the unit. 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. 28/6/2017 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.