IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 17.08.2016 Date of hearing: 23.03.2023 Date of Decision: 03.08.2023 COMPLAINT CASE NO. 952/2016 IN THE MATTER OF MR. R AJESH KUMAR SHARMA, S/o MR. GIAN CHAND SHARMA, R/o E-29, Ist FLOOR, NEHRU GROUND, FARIDABAD.

(Through: Mr. P.R. Sikka, Advocate)

…COMPLAINANT VERSUS M/s KLJ Town Planners Pvt. Ltd.

(Formerly known as K L J Town Planners Pvt. Ltd.), Registered Office: KLJ House, 63 Rama Marg, (Najafgarh Road), New Delhi-110015, Through its Managing Director/ Director (THROUGH: Mr. Paras Chaudhary, Advocate)

.... OPPOSITE PARTY CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT HON’BLE MS. PINKI, MEMBER (JUDICIAL)

HON’BLE MR. J.P. AGRAWAL, MEMBER (GENERAL)

Present: Mr. P.R. Sikka, Counsel for the complainant.

Mr. Sukumar Pattjoshi, Senior Advocate alongwith Mr. Paras Chaudhary, Mr. Ram Kishan Rao and Mr. Yatender Singh, Counsel for the OP.

PER: HON’BLE MR. J.P. AGRAWAL, MEMBER (GENERAL)

JUDGMENT

1. The present Complaint has filed by the Complainant before this Commission alleging delay and deficiency of service on the part of the Opposite Party and has prayed for following reliefs:-

a) Allow this complaint in favour of the complainant by directing the respondent to handover the possession of the flat no. 1703 on 17^th floor in ‘Tower B1” sector 77 Faridabad within one month:

b) Respondent may kindly be restrained from cancelling the flat of complainant:

c) Award a sum of Rs.21,24,521.50 towards compound interest @18% per annum w.e.f. June 2015 on delayed completion of flat may be awarded to the complainant on the till the date of handing over possession of the flat:

d) Direct the respondent to refund a sum of Rs.3,62,052/-

towards excess EDC/IDC/EEDC recovered by the respondent from complainant:

e) Respondent may kindly be directed to get the measurement of super area:

f) Award a sum of Rs.1,17,000/- towards rent paid by the claimant on account of delay in handing over possession of flat.:

g) Direct the respondent to withdraw the demand of IFMS:

h) Award compensation for a sum of Rs.5,00,000/- towards mental pain and agony;

i) Allow the cost of litigation; and j) Pass such other and further order as this Hon’ble Commission may deem fit and proper in the present petition.

2. Brief facts necessary for the adjudication of the present complaint are that the Complainants applied for allotment of a residential flat i.e. three bedrooms plus servant unit admeasuring super area of 1602 square feet in KLJ Green in Sector 77, Faridabad and deposited a sum of Rs.3,07,725/- on 29.03.2012 and Rs.4,39,026/- total amounting to Rs.7,46,751/- at basic sale price Rs.2,266/- per square feet exclusive of all charges along with application and was allotted Flat No. 1703 on 17^th Floor in “Tower B 1” vide letter dated 29.05.2012. After allotment, a Buyer’s Agreement dated 06.07.2012 was executed in which in clause no. 4.1, it has been clearly agreed by the Opposite Party that construction of the Flat shall be completed within 36 months from the date of agreement i.e. by 06.07.2015 and further a period of 6 months thereafter, if any and it was agreed that Complainants shall make the payment of installment without interest within 30 days from the date of issuing demand notice as per schedule on the basis of construction linked plan. It was agreed at the time of booking, the complainant shall pay 25% at the time of booking and balance 75% payable at the time of handing over possession of the flat. Accordingly, the complainant paid 25% with EDC at the time of booking. The Opposite Party had not shown the Buyer’s Agreement at the time of booking and after getting the booking amount and 3^rd installment forced to sign the Buyer’s Agreement failing which Opposite Party was threatening to cancel the allotment. It has been submitted that the buyer’s agreement is one sided which tantamount unfair trade practice as per section 2(r) of the Consumer Protection Act, 1986. As per agreement, the Opposite Pa