NANDITA SHAMNIK Vs. DLF UNIVERSAL LTD

JUDGEMENT

(1.) IT is contented by the complainant that M/s. DLF Universal Limited (Opposite Party) is a colonizer and licencee of Haryana Government and it is bound by agreement of licence, laws regarding sale of apartments, registration of conveyance deed, agreement to sell consistent with rules and regulations. It is contended that the respondent had failed to hand over physical possession of the apartment despite full payment. It is pointed out that the complainant has made full payment to the opposite party as stated below :- Despite this payment possession of the premises was not handed over within the stipulated time on one or the other ground. Hence this complaint was filed on 15-1-2003 for a direction to the respondent to deliver the possession of the premises and to pay interest @ 20% per annum from the date of payment of the amounts to the date of delivery of possession of the apartment and for a direction that respondent be restrained from charging holding charges, maintenance charges, interest on various subsequent amounts raised without sanction of law or agreement, and various other reliefs. It is to be stated that the complaint was originally filed in District Consumer Dispute Redressal Forum, Gurgaon on 8-12-2000. As an objection with regard to pecuniary jurisdiction was raised, the District Forum passed an order on 17-9-2002 permitting the complainant to file a complaint in an appropriate Court or Commission. Hence, the present complaint was filed before this Commission. Admittedly, the amount paid by the complainant is more than Rs.61 lakhs. After hearing the learned counsel for the parties, the following interim order was passed on 13-5-2004:-