IMPORTANT POINT
The Developer is liable to bear the burnt of not disclosing the area of car parking in the common areas and, therefore, cannot demand proportionate amount of the area of car parking from the Complainant

ORDER

M. Shreesha, Member—This Consumer Complaint is filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainant against the Opposite Party seeking the following reliefs:-

“i. Direct the respondents to immediately hand over the physical possession of the flat in question duly furnished in all respects as per agreement immediately;

ii. Direct the respondents to provide on time payment rebate of Rs.1500/- per sq. ft. on the total area of the flat in a manner as may be deemed just and equitable by the Hon’ble commission;

iii. To adjust/refund as the position emerges, an amount of parking charges of Rs.22,50,000/- wrongfully and illegal collected against the provisions of law.

iv. Direct the opposite party to provide to the complainant the complete calculations and details of GST benefit granted to flat owners based on the complete audit done by the state statutory auditor and make a copy of such certificate available to the complainant and accordingly adjust/refund the final amount.

v. Direct the respondent to provide refund/adjustment on account of all other claims prayed for including refund adjustment of amount paid as Service Tax/ VAT/GST;

vi. Direct the opposite party not to insist on execution of any undertaking for handing over possession of the flat and handover the possession without undertaking or obtain revised undertaking as may be proved by the Hon’ble commission.

vii. Direct the respondents to pay a sum of Rs.1,00,000/- towards cost of litigation;

viii. Direct to pay compensation of Rs. 25,00,000/- towards mental and physical agony suffered by the complainant.

ix. Declare that terms and conditions more specifically delineated in Annexure with this petition is arbitrary, unfair and unreasonable and strike down from the agreement.

2. Briefly stated, the facts of the case are that the first Opposite Party is a public limited Company incorporated and registered under the provisions of the Companies Act, and having its registered office at 3rd Floor Shopping Mall, Arjun Marg DLF City, Phase-I Gurgaon; second to seventh Opposite Parties are the Whole Time Directors of the first Opposite party and are responsible for day to day affairs of the first Opposite Party Company (hereinafter collectively referred to as “DLF Ltd.”); Eighth opposite party is a public limited company incorporated and registered under the provisions of the Companies Act and is a land owning party to the execution of Apartment Buyer’s Agreement; ninth opposite party is a Confirming party to the Apartment Buyer’s Agreement.

3. It is averred that DLF Ltd. claimed to have obtained license from the Director, Town and Country Planning Haryana, for construction and development of a residential project which comprises of inter-alia flats, known as “DLF CREST” situated in Sector-54 DLF Phase V Gurgaon, Haryana; based on the assurances and promises made by the DLF Ltd. the Complainant applied for allotment of a residential flat in their project known as “DLF CREST situated in Sector-54 DLF Phase –V Gurgaon, by filing an Application and also made payment of Rs.25,93,000/- vide cheque No.267119 dated 16.5.2013. This payment was acknowledged by DLF Ltd. and the date of application was intimated as 21.5.2013; that DLF Ltd. forwarded an Apartment Buyers Agreement for execution; the Agreement was executed for flat No CTC-183 in the project DLF CREST” and the terms and conditions along with payment schedule formed part of the buyers agreement; till which time DLF Ltd. had already collected a huge amount of Rs.132 lacs from the complainant; the total cost of the flat was estimated to be Rs.6.5 crores; the conditions of the Agreement on a plain reading clearly demonstrate unreasonable conditions imposed by DLF Ltd. on unsuspecting consumers who have no recourse except to sign the Agreement; the Complainant on