UMESH KUMAR AGRAWAL Vs. DLF HOMES DEVELOPERS LTD

JUDGEMENT

(1.) The present consumer complaint no. 79 of 2016 has been filed by Mr Umesh Kumar Agrawal against the opposite party DLF Homes Developers Ltd.

(2.) The brief facts relevant for the disposal of the present consumer complaint are that the opposite party floated a project for sale of apartments under the name and style 'The Primus DLF Garden City, Sector 82 A, Gurugram in the year 2012. The complainant approached the opposite party for a luxury flat. On the basis of the presentation made by the representative of the opposite party, the complainant applied in the said upcoming project of the opposite party. The complainant made an initial deposit of Rs.10,30,000/- on 14.02.2012 out of the total consideration of the flat of Rs.1,67,24,650/-. The opposite party acknowledged the receipt of the payment and confirmed the allotment of the unit bearing no. PME 032 along with parking numbers allotted as parking Nos.PE 1020/ 1020A to the complainant. Pursuant to the allotment by the opposite party, the complainant was made to sign and execute an apartment buyer's agreement with opposite party on 07.07.2012. As per the agreement, the possession was to be handed over to the complainant within 42 months from the date of the application and subject to complainant adhering to the payment schedule as provided by the opposite party. The complainant till September 2015, had paid an amount of Rs.1,62,77,186/- to the opposite party. The opposite party has acknowledged the receipt of the payments and till date the possession has not been handed over to the complainant. The complainant has prayed the following: 1. Direct the opposite party to refund an amount of Rs.1,62,77,186/- towards principal along with Rs.71,85,027/- @ 18% per annum, i.e., from the date of actual deposit till the time of filing of the present complaint; 2. Direct the opposite party to pay interest @ 18% per annum from the date of institution of the present complaint till the time the actual payment made by the parties;

(3.) Direct the opposite party to pay Rs.10,00,000/- towards damages for mental agony, harassment and undue delay;