PARVEEN KUMAR GUPTA Vs. DLF UTILITIES LTD.

JUDGEMENT

(1.) The complainant booked a residential plot with the opposite party in a project namely "DLF Garden City', which the opposite party is developing in Sector-91 and 92 of Gurgaon. A plot bearing No. A-17/1 admeasuring 250.80 sq. metres in the aforesaid project was allotted to the complainant for a total agreed consideration of Rs.1,19,98,272/-. The parties entered into a Plot Buyers Agreement dated 22.12.2011. As per Clause 11(a) of the said agreement, the opposite party was to endeavour to offer possession of the plot within 24 months from the execution of the agreement. The possession therefore ought to have been offered by 22.12.2013.

(2.) Vide letter dated 09.12014, the opposite party informed the complainant that the final area of the plot was 375.95 Sq. Mt. as against the original area of 250.80 Sq. Mt. He was asked to remit the balance payment and visit the site to see the development. The complainant however rejected the plot having area of 499.96 sq. yards (375.95 Sq. Metres) on the ground that he did not have the capability to pay for the same. Vide letter dated 108.2015, he sought either allotment of original area of 299.96 sq. yards or refund of the amount paid by him, alongwith interest @ 18% per annum.

(3.) Vide email dated October 17, 2015, the opposite party informed the complainant that they would be resizing the plot to 300 Sq. Yards but the plot would become corner with green abutting and therefore the PLC applicable would be 20% as against 15% charged from him. Vide email dated October 29, 2015, the complainant informed the opposite party that they had offered an irregular plot having front of 7.62 metre and backside 12.38 metres to him, which was not acceptable to him at any cost. He also wrote that he had never been informed about the irregular plot. He therefore, sought refund of the amount paid by him along with interest @ 18% per annum. The opposite party having failed to refund the aforesaid amount, the complainant is before this Commission, seeking refund of the amount paid by him to the opposite party along with compensation in the form of interest @ 18% per annum.