LAWS(NCD)-2015-3-29

RAJNI GUPTA Vs. D L F UNIVERSAL LTD

Decided On March 16, 2015
RAJNI GUPTA Appellant
V/S
D L F UNIVERSAL LTD Respondents

JUDGEMENT

(1.) Ms. Rajni Gupta, the complainant claims that she is a handicapped lady. According to her, her father is blind and her mother is paralytic. The complainant booked a plot with M/s. DLF Universal Ltd.-OP, in this case. This was a commercial site/plot bearing No. B1/6, DLF measuring 589.10 sq. mts. The total cost of the plot was Rs.7,36,250/-. The complainant gave a cheque in the sum of Rs.1,25,000/- drawn on Punjab National Bank, Delhi on 25.11.1996. The complainant further paid Rs.51,250/- vide cheque dated 30.11.1996. Accordingly, she paid Rs.1,76,250/- , as part payment of the said plot. She was assured that the possession of the said plot would be given shortly. However, the OP did not complete the formalities and did not provide the basic amenities. Again, it did not obtain the completion certificate from the concerned authority. The above said plot was assessed at the rate of Rs.1250/- per sq. mt.

(2.) The Complainant received a letter dated 10.12.1996 wherein the OP raised illegal and arbitrary demand @ Rs.1495/- per sq. mt. as well as Rs.119.60 as preferential location charges and Rs.3,000/- as maintenance charges. The complainant sent a protest letter dated 25.01.1997 along with a format of sale agreement in which area of the plot was wrongly given and rate of plot was also wrongly mentioned. The complainant was required to sign the format up to 28.04.1997. The complainant sent the protest letter on 25.01.1997.

(3.) On 25.01.1997, the OP sent a letter dated 28.04.1997 in explaining the above said enhanced rate in the sum of Rs.1,495/- per sq.mt. in place of Rs.1,250/- per sq.mt., Rs.119.60 as preferential location charges and Rs.3,000/- as maintenance charges. On 24.06.1998 the OP demanded a sum of Rs.10,14,621/- against the cost of plot and asked the complainant to deposit the said amount up to 15.07.1998 which was not practicable and possible, therefore, the needful could not be done. The complainant sent letters dated 16.06.1998 and 14.07.1998 signifying her willingness to pay the balance amount as per the agreed rate, i.e. @ Rs. 1,250/- per sq.mt.