Contractual obligations must ensure fairness and transparency to protect consumer rights against unfair trade practices and unjustified delays.

1. The present Consumer Complaint has been filed by the Complainant under S.21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") against the Opposite Party, M/s. DLF Universal Limited (hereinafter to be referred to as "the Developer") seeking vacant physical possession of the booked Apartment and compensation on account of delay in handing over the possession.

2. It has been, inter alia, averred in the Complaint that in the year 2010, the Developer launched a Group Housing Project, namely, "DLF Capital Greens", to be constructed on a land admeasuring approximately 31.15 acres situated at DLF Capital Greens - Phase III at 15, ShivajiMarg, New Delhi - 110015.

3. Swayed with the impressive publicity by the Developer in the Media and the assurances given by them, the Complainant booked an Apartment in the above said Project of the Developer on 30thNovember, 2010 and paid the registration / booking amount of 15,38,625. The total sale consideration of the Apartment was 3,96,45,000. Vide Allotment Letter dated 2.12.2010, the Complainant was allotted Apartment No. Y011, 1st Floor, Unit No. 1 admeasuring Super Area of 2,885 Sq. Ft. along with Parking Nos. PY2041 / PY / 2042 / PY / 2043. The Apartment Buyer's Agreement (hereinafter to be referred to as the "Agreement") was executed between the parties on 20.5.2011. In terms of Clause 11(a) of the Agreement the Developer was under an obligation to complete the construction of the said Apartment within a period of 36 (thirty six) months from the date of Application unless there shall be delay or failure due to Force Majeure conditions and reasons specified in Clause meaning thereby the Construction was completed on or before 30.11.2013.

4. Vide letter dated 1.3.2013, the Developer informed the Complainant that due to some Force Majeure reasons there will be delay in obtaining approvals from the Competent Authorities. Further by letter dated 16.4.2014, the Complainant was informed that the Developer has engaged Mr.Hafeez Contractor as the Architect, M/s. Turner International as the Project Management Consultant and M/s. Larsen and Toubro in executing the Project. By the said letter, the Complainant was also informed that the compensation for delay in construction will be paid as per the terms and conditions of the Agreement and will be adjusted against the final sale consideration at the time of final demand. On 11.9.2014, the Complainant was informed by the Developer that due to an unfortunate incident at the Construction Side on 17th May, 2014, the Delhi Government's Labour Department has issued a Prohibitory Order till the Safety Order and also insured that the Construction shall be completed as per the revised Schedule given by M/s. Larsen and Tourbro and M/s. Turner International. On 13.2.2016, Complainant was informed that a stop work notice has been issued by the Labour Department and there is delay in grant of necessary approvals. vide final demand notice dated 18.4.2016, the Developer demanded a sum of 31,69,043.32 towards instalment, service tax and interest on delayed payment which was strongly objected by the Complainant vide letter dated 12.7.2016. However, the said payment was made under protest.

5. Vide letter dated 28.6.2017, the Developer informed the Complainant that they have increased the super area of flat by 38% and they also offered possession stating that the Developer has received the Certificate for Occupation and use from the North Delhi Municipal Corporation for the Tower Y DLF Capital Greens. According to the Complainant, the Super Area has been increased without any increase in Carpet Area and without her consent. The Developer has arbitrarily increased the total S