IMPORTANT POINT
(1) Appellant IS entitled for “Timely Payment Rebate”.

ORDER

Heard Mr. Utpal Trehan (In person), the complainant-appellant, in the Court Room and Mr. Praveen Bahadur, Advocate and Mr. Aditya Singh, Advocate, for the respondent-builder, through video conferencing.

2. Both these appeals arise from the judgement of State Consumer Disputes Redressal Commission, Delhi, dated 20.06.2019 passed in Complaint Case No. 354 of 2015, partly allowing the complaint and directing DLF Home Developers Ltd., (the builder) (i) to offer possession of the apartment afresh and hand over possession to the complainant within 6 weeks and execute the sale/conveyance deed in his name, on payment of stamp duty and registration charges and other incidental charges, within one month thereafter, (ii) to pay delayed compensation @ Rs. 10/- per Sq. ft. per month for the delayed period from the agreed date of possession i.e. March 2011 till the date of fresh offer of possession, after adjusting the delayed compensation already paid to the complainant and (iii) to give a fresh cheque to the complainant, if cheque of Rs.2,40,210.84, has not been encashed, by him.

3. Utpal Trehan (the appellant) filed a complaint (registered as Complaint Case No. 354 of 2015) for direction to DLF, New Gurgaon Home Developers Pvt. Ltd., C/O DLF Home Developers Ltd. (DHDL), DLF Centre, Sansad Marg, New Delhi, 110001 (hereinafter referred to as the builder) (i) to give possession of Apartment No. GBD-153, New Town Heights, Sector-91, Gurgaon, Haryana at the earliest, (ii) to pay an amount of Rs.10,00,000/- as compensation for causing metal trauma and agony due to delay in giving possession, (iii) to pay Additional Delayed Possession Rent @ Rs.15/- sq.ft. till possession is offered to the complainant, (iv) to waive off the undue/ unjustifiable demand already raised towards the Final Dues Settlement, (v) to pay Rs.50,000/- towards the expenses incurred by the complainant in telephonic communications and personal visits made to the builder since 2006 and (vi) to pay Rs.75,000/- towards litigation expenses. It has been stated in the complaint that the builder was engaged in developing, constructing multi-story buildings and selling its unit, under Down Payment and Time Bound Interest Free-Instalments Plans. In February, 2008, the builder advertised construction of residential flats in the name of New Town Heights, Sector 90, Gurgaon. The complainant booked a 3 BHK residential flat in Time Bound Interest Free-Instalments Plans and deposited Rs.5,00,000/- in March, 2008. The builder allotted Apartment No. GBD-153, New Town Heights, Sectior-91, Gurgaon, Haryana, admeasuring super area of size 163.51 Sq. mt. (1760 Sq.ft.) at the rate of Rs.2250/- per Sq. ft. on 16.04.2008 to the complainant. Along with allotment letter, payment plan of the instalment was given, in which 95% of the sale consideration (including booking amount) was to be paid in 10 instalments, within 27 months. The complainant regularly paid the instalments, according to the schedule, up to March, 2009. Apartment Buyer’s Agreement was executed on 03.12.2008, between the parties, in which total cost of the apartment of the complainant of 1760 Sq.ft. was mentioned as Rs.45,12,000/- and the date of last instalment was mentioned as 29.06.2010. In clause-17, of this agreement, it was mentioned that subject to just exceptions, all endeavours be made to complete construction and hand over possession to the buyer within 36 months from the date of execution of the agreement, failing which the buyer would be eligible for compensation @ the rate of Rs.5/- per Sq. feet, per month, for delayed period. Thereafter, the builder, through letter dated 26.03.2009 informed that Final Environment Clearance was awaited as such the construction could not be started; Payment of instalments was converted as “construction Linked Payment Plan”; Amending clause-17 of the agreement, various benefits were provided namely (i) The compensation for delayed possession was enhanced to the rate of Rs.10/- per Sq.f