JATIN AGGARWAL Vs. DLF HOMES PANCHKULA PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Jatin Aggarwal, the complainant, in person and Mr. Pravin Bahadur, Advocate, for the opposite party.

(2.) Jatin Aggarwal has filed above complaint, for directing the opposite party to (i) handover possession of the floor, along with delayed compensation in the form of interest @18% per annum, on the deposit of the complainant, from December, 2014 till the date of handing over possession, or in alternative refund entire amount deposited by the complainant with interest @18% per annum from the date of respective deposit till the date of actual payment, (ii) pay Rs.800000.00 as compensation for mental agony and harassment, (iii) pay Rs.100000.00, as litigation cost; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that DLF Homes Panchkula Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of "DLF Valley" at village Bhagwanpur, Kalka, district Panchkula, Gurgaon, in the year 2011 and made wide publicity of its facilities and amenities. Sadhna Rathee (predecessor in interest of the complainant), booked an Independent Floor on 16/2/2011 and deposited booking amount of Rs.600000.00. The opposite party allotted Unit no.-VF-A1/7-First Floor, saleable area 2560 sq.ft., basic sale price of Rs.7499519.99 and executed Independent Floor Buyer's Agreement in her favour on 25/12/2012. Sadhna Rathee transferred her right in aforesaid unit to Deepak Garg on 29/6/2013. Deepak Garg transferred his right in aforesaid unit to the complainant in December, 2013. Payment Plan was "construction link payment plan". As per demand, the complainant and his predecessors-in-interest deposited total amount of Rs.8831968.00 till 12/11/2016. Clause11(a) of the agreement provides that the construction will be completed within 24 months from the date of agreement subject to timely payment of the instalments and force majeure reasons. Although due date of possession expired but the opposite party neither offered possession nor paid delayed compensation. The complainant vide email and letter sent through courier dtd. 29/8/2016, inquired about possession and demanded delayed compensation. The opposite party issued demand notice dtd. 9/11/2016, for Rs.993376.94. The construction was not near completion, the opposite party instead of paying delayed compensation, was demanding further amount as such the complaint was filed on 7/12/2016, for refund of the money with interest, alleging deficiency in service. Later on the complainant filed IA/8118/2021, for amending prayer clause, which was allowed on 21/7/2022 and relief for possession was also added.