ORDER

This Complaint has been filed under Section 12 (1)(a) read with Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainant, Ram Singh Chauhan against the Opposite Party, M/s. DLF Universal Ltd. (hereinafter to be referred to as “the Developer”), seeking the following reliefs:

“a) Direct the Opposite Party to pay to the Complainant interest/ compensation Rs.1,02,84,600/- for the period 01.07.2012 to 10.08.2017 @ 18% p.a. on Rs.1,12,40,000/- on account of delayed possession;

b) Direct the Opposite Party to pay to the Complainant interest/ compensation Rs.6,39,600/- for the period 01.04.2013 to 10.08.2017 @ 18% p.a. on Rs.8,20,100/- on account of delayed possession;

c) Direct the Opposite Party to refund the amount of Rs.11,22,147/- (139 sq. ft.*8073) collected under the guise of increase in Super Area Unilaterally and without there being any change in the carpet area;

d) Direct the Opposite Party to refund the amount of Rs.15,00,000/- collected for the peripheral services likes school etc. as the same are not present at the site;

e) Direct the Opposite Party to pay to the Complainant Minimum Admitted compensation i.e. Rs.9,47,400 @ Rs. 10 per sq. ft. of the super area of apartment per month (for 1579 sq. ft.) for the period 1.07.2012 to 10.08.2017/ date of filing complaint;

f) Direct the Opposite Party to compensate the Complainant to tune of Rs.20,00,000/- for the mental and physical harassment caused to him on account of the unreasonable delay;

g) Refund/ compensate the Complainant for the additional Service Tax/ GST which was paid by the Complainant on account of delay which is solely attributable to the Opposite Party;

h) Refund the additional amount collected under the guise of super area without any change in carpet area.

i) Refund/ compensate the Complainant for the additional EDC/IDC collected by the Opposite Party; and

j) Pay to the Complainant Litigation Expenses of Rs.2,50,000/-.

k) Refund Any other order or orders as may deems fit and proper may also be passed.”

2. The brief facts as stated in the Complaint are that the Complainants enticed by the eye catching advertisements, assurances and representations made by the representatives of the Developer that the possession of the Flat will be delivered within three years from the date of booking, booked a Flat No. CGT 033 in the Project known as “DLF Capital Green” Phase II, Shivaji Marg, New Delhi-110015 (hereinafter to be referred to as the Project) in September, 2009. It is stated that the Complainant under Down Payment Plan, paid the entire sale consideration of Rs.1,12,40,000/-, except registration cost, to the Developer by April, 2010. It is averred that the Apartment Buyer’s Agreement (hereinafter to be referred to as “the Agreement”) was belatedly executed on 26.03.2010 i.e. almost after seven months from the date of booking and that some of the Clauses of the Agreement were arbitrary, unfair, unjust and one-sided. It is alleged that the Complainant was coerced to sign the one-sided Agreement inasmuch as the Developer threatened him to forfeit the amount paid by him in case of any objection. It is further stated that the total Sale Consideration was increased to Rs.1,18,20,000/- without any change in the Carpet Area and the Complainant was also charged preferential charges without any prior consent.

3. It is averred in the Complaint that in the Agreement the date of handing over the possession was unilaterally changed to three years from the date of the execution of the Agreement. The amount payable by the Complainant was the essence of the Agreement, however for any delay in handing over the possession of the Flat by the Developer, a meagre compensation of Rs.10/- per sq. ft. per months was payable in terms of Clause 14 of the Agreement, which comes to around 0.5% p.a. rate of interest.

4. According to the Complainant, vide letter dated 10.03.2010, he was informed by the Developer that all the requisite