DLF LIMITED Vs. MRIDUL ESTATE (PVT.) LTD

JUDGEMENT

(1.) IN this batch of cases (Revision Petitions and the Original Petitions) a two Members Bench has referred the following question of law to a larger Bench for consideration and opinion: -

(2.) FOR the sake of brevity, we do not wish to recapitulate the facts of each case. The facts are taken from Revision Petition No. 412 of 2013.

(3.) COMPLAINANT booked a flat No.810 with two parking spaces with the Opposite Party DLF Ltd. in its building project at The Aralias, Gurgaon and an Apartment Buyer 's Agreement was executed between the parties on 5.11.04. The apartment was sold by the opposite party to the Complainant on bare shell concept. The interior works were to be done by the Complainant with various facilities to be provided by the Opposite Party on chargeable basis to complete the apartment. By letter dated 24.10.09, Opposite Party cancelled the allotment of apartment as the Complainant neither made the payment demanded by it nor did it undertake the interior work of the apartment. Complainant vide letter dated 05.12.09 requested the Opposite Party for withdrawal of the cancellation letter. Opposite Party offered to restore the allotment of apartment to the complainant subject to payment of Rs.1,09,63,010/ - inclusive of holding charges, penalties and restoration charges. Complainant agreed to pay all amounts except restoration charges of Rs.59,00,000/ - and accordingly sent a cheque of Rs.50,63,010/ - to the Opposite Party which was sent back by it to the Complainant. Complainant, being aggrieved, filed the complaint before the State Commission.