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RAM SURAT RAM MAURYA, INDER JIT SINGH
Jatin Aggarwal – Appellant
Versus
DLF Homes Panchkula Private Limited – Respondent
ORDER
Heard Mr. Jatin Aggarwal, the complainant, in person and Mr. Pravin Bahadur, Advocate, for the opposite party.
2. Jatin Aggarwal has filed above complaint, for directing the opposite party to (i) handover possession of the floor, along with delayed compensation in the form of interest @18% per annum, on the deposit of the complainant, from December, 2014 till the date of handing over possession, or in alternative refund entire amount deposited by the complainant with interest @18% per annum from the date of respective deposit till the date of actual payment, (ii) pay Rs.800000/- as compensation for mental agony and harassment, (iii) pay Rs.100000/-, as litigation cost; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.
3. The complainant stated that DLF Homes Panchkula Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of “DLF Valley” at village Bhagwanpur, Kalka, District Panchkula, Gurgaon
Transfer Deed - The complainant purchased the floor in December, 2013 as such the period of 24 months has to be counted from the date of his transfer deed.
Delayed Compensation - The complainants are entitled for delayed compensation in the form interest @6% per annum on their deposit from 10.09.2015 to 21.02.2018 – On facts, the complaint is partly all....
“Consumer” - the purchases were for commercial purpose and the complainant was not a ‘consumer’.
(1) Physical Possession – a person will not like to take physical possession of his Unit after having made the entire payment which was also a substantial amount.
The court affirmed the consumer's rights to compensation for delayed possession despite objections on consumer status after possession was claimed.
(1) Earing profits - The onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of plots/ flats in his normal course of business to earn profits, shifts to....
Installment – Once the instalments were collected, the buyers are sought to be non-suited on a multitude of grounds, primarily the liability of the Government in not providing infrastructure and to c....
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