Present: Mr. Shubham Vashishth, counsel for the complainant through VC (M: 9643792427 Mail I'd:advshubhamvashishth@gmail.com)

Complainant in person M. - 9818465540 & email. -vibha-jindal@yahoo.com)

Mr. Ankit Singh proxy counsel for Mr. Vaibhav Agnihotri, counsel for the opposite party (M:9718015128 email- admin@skvassociates.com )

PER : HON’BLE MS. PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. The present complaint was originally instituted before the District Consumer Disputes Redressal Forum, North-West, CSC Block-C, Pocket-C, Shalimar Bagh, Delhi-110088 on 16.08.2011 as Complaint Case No. 847/2011. Subsequently, vide order dated 07.06.2018, the complaint was returned to the Complainant with direction to file the same before this Commission on the ground of lack of pecuniary jurisdiction.

2. The present complaint has been filed by the Complainant against the Taneja Developers & Infrastructure Ltd. (hereinafter referred to as the ‘Opposite Party’) alleging deficiency in service and unfair trade practice. The Complainant has prayed for the following reliefs:

a. Pass an order thereby restraining the Opposite Party to allot flat No. D1-0701 at Kingsburry Tower, TDI City, G.T. Road, Kundli, Haryana to anybody else except the complainant till the final decision of this complaint;

b. Pass an order in favour of the complainant and against the opposite party directing the opposite party to hand over the possession of the flat No. D1-0701 at Kingsburry Tower at TDI CITY being flat of 3 bedroom of approximate area 1400-1500 sq. ft. at the Township situated at G.T. Road, Kundli, Haryana; and

c. pass an order in favour of the complainant and against the O.P. to make compensation of Rs.5,00,000/- (Rupees Five Lacs Only) towards the loss, harassment and mental agony caused to the complainant and his family members by the O.P. due to their deficiency in services; and pass an order in favour of the complainant and against the Opposite Party to make payment of a sum of Rs. 11,000/- (Rupees Eleven Thousand Only) towards litigation cost to the complainant; and

d. Pass any other or further order (s) as this Hon’ble Forum may deem fit and proper in the interest of justice.”

3. The brief facts of the case are that that the Complainant in pursuance to the advertisement of Opposite Party in the newspaper on 29.08.2005 applied for registration for allotment of a three-bedroom residential flat measuring approximately 1400– 1500 sq. ft. in the project known as “TDI City” at GT Road, Kundli, Haryana and deposited a sum of Rs.4,00,000/- towards registration. The Complainant has alleged that the application form indicated the basic sale price at Rs.1,450/- per sq. ft. and that only preferential location charges and statutory levies were payable in addition thereto. Subsequently, at the request of the Opposite Party, the Complainant deposited a further sum of Rs.2,50,000/- on 18.04.2006 to obtain priority in allotment.

4. It is further the case of the Complainant that vide letter dated 21.07.2006, the Opposite Party introduced additional charges towards EDC/IDC, Electrification, Fire Fighting and Power Back- up, which had not been disclosed at the time of booking. Thereafter, the Opposite Party allotted Flat No. D1-0701, measuring 1625 sq. ft., situated on the 7th Floor of the project, vide allotment letter dated 09.09.2006. The Complainant has alleged that despite delay in allotment, the Opposite Party failed to pay or adjust the interest amount allegedly payable to her under the terms of allotment.

5. The Complainant has further averred that she was called upon to execute the Buyer’s Agreement in September, 2007. However, she objected to certain clauses relating to time being of the essence, events of default and company charges. According to the Complainant, the representatives of the Opposite Party assured her that an addendum modifying the said clauses would be provided, but the same was never furnished. Nevertheless, the Co