ORDER (ORAL)         

1.      The admitted facts of the case are that the original allottee had booked a unit in the project of the Opposite Party called “DLF Capital Greens” situated at 15, Shivaji Marg, New Delhi.  He was allotted apartment No.CGD 026, 2^nd Floor, Building No.D, Unit No.6 along with parking No.PD2033 in the said project.  An Apartment Buyer’s Agreement was executed between the original

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allotee and the Opposite Party on 11.09.2009.  The total consideration amount of the unit was ₹1,09,96,250/-.  On 06.07.2010 an agreement to sell along with other necessary documents was executed between the Complainant and the original allottee.  Vide letter dated 07.09.2016, the Complainant was asked to make a payment of further amount of ₹15,87,750/-.  The Complainant has alleged that he had objected to such a demand.  He learnt that this demand had been made on account of increase in the super area of the unit.  The Opposite Party unilaterally extended the delivery date of the apartment and subsequently, the Complainant was offered possession vide letter dated 21.12.2017.  On these contentions, the present Complaint had been filed and several reliefs had been sought on behalf of the Complainant.

2.      The Complaint has been contested by the Opposite Party.  They have justified their action and have submitted that the delay had occurred on ground of several necessary approvals on the part of the competent authorities and several other reasons beyond their control.  It is further contended that the Complainant has already been offered possession vide order dated 21.12.2017 and he has not come forward to make the complete payment and

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take possession.  On these contentions, it is submitted that the Complaint is liable to be dismissed.

3.      Parties led their evidences and filed written synopsises.  We have heard the arguments and perused the relevant record.

4.      During the course of arguments, Learned Counsel appearing on behalf of the parties submit that this case is covered under the order of this Commission in “Capital Greens Flat Buyer Association vs. DLF Universal Limited & Anr. decided on 03.01.2020 wherein while allowing the Complaint, following directions were issued:

“37. For the reasons stated hereinabove, the complaints are disposed of with the following directions:

(i)      The OP is entitled to the additional demand on account of increase in the super area of the apartments.

                                    (ii)      The OP is not entitled to car parking charges.

                                    (iii)     The OP is not entitled to club charges.

(iv)    The allottees shall be entitled to early payment rebate and timely payment rebate, wherever they have complied with the terms on which the said rebates were offered by the developer or wherever the benefit of the said rebates was extended to them, either by the developer itself or by this Commission.

(v)     The OP shall pay compensation in the form of simple interest @ 7% per annum from the expected date for delivery of possession till the date on which the possession was actually offered to the allottees.  In case of subsequent purchasers, the period expected for the

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 delivery of possession will be computed from the date of purchase by them. 

If the possession was delayed solely on account of the allottee having not executed the Indemnity-cum-Undertaking, prescribed by the OP, the compensation in the form of simple interest @ 7% per annum shall be payable with effect from the expected date for delivery of possession till the date on which the consumer complaint by / on behalf of such an allottee was instituted.  The compensation shall be paid within a period of three months from today. 

(vi)    The car parking charges and club charges wherever already paid to the developer shall be refunded to the concerned allottee within three months from today, failing which the said charges shall carry interest @ 9% per annum from the date of this order, till the date of refund.

(vii)    The conveyance deed in favour of the allottees shall be executed within three months from today, subject to payment of outstanding dues, if any, payable by the allottees to the developer, in terms of this order and the requisite stamp duty and registration charges.

(viii)   In CC/351/2015 and CC/2047/2016, the developer shall pay Rs.50,000/- as the cost of litigation in each complaint, whereas in the other consumer complaints, the developer shall pay Rs.25,000/- as the cost of litigation in each complaint.” 

5.      It is submitted that however, before the Hon’ble Supreme Court in the Civil Appeals Nos.3864-89 of 2020 titled as “DLF Home Developers Limited (earlier known as DLF Universal Limited) And Another vs. Capital Greens Flat Buyers Association, (2021) 5 SCC 537”     few of the directions of this Commission in Capital Greens Flat Buyer Association’s case (supra) were modified to the following effect:

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          “13. Accordingly, we allow the appeals in part to the following extent:

13.1     The compensation on account of delay in handing over possession of the flats to the flat buyers is reduced from 7% to 6%.

13.2     The direction for the refund of parking charges and club charges and interest on these two components shall stand set aside.

14.       We clarify that the directions of NCDRC are upheld, save and except, for the above two modifications in terms of paras 13.1 and 13.2 above.  The payment @ 6% shall be made after making due adjustments for the compensation for delay at the contractual rate (where it has been paid in terms of the agreement to the flat purchasers).  The order shall be complied with within a period of two months from today.”

6.      It is prayed by the learned Counsel for the parties that the order in this Complaint be passed on those lines. 

7.      In view of the submissions of the learned Counsel for the parties, while allowing the Complaint, following directions are issued:

1. The Opposite Party is entitled to the additional demand on account of increase in the super area of the apartment;
2. The Opposite Party shall be entitled for the car parking charges, if applicable;
3. The Opposite Party shall be entitled for the club charges, if applicable;
4. The Complainant shall be entitled to early payment rebate and timely payment rebate, if he has complied with the terms on which the said rebates were offered by the Developer or wherever the benefit of the said rebates was extended to him, either by the developer itself or by this Commission, if applicable;
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5. The Opposite Party shall pay compensation in the form of simple interest @ 6% p.a. from the expected date of delivery of possession till the date on which the possession was actually offered to the allottee.  Since the Complainant is a subsequent purchaser, the period expected for delivery of possession is computed from the date of purchase by the Complainant till the date of actual offer of possession and the Opposite Party shall pay the compensation in the form of simple interest @ 6% p.a. to the Complainant from the date of purchase by the Complainant, i.e., 06.07.2010 till the date on which the possession was actually offer to the Complainant.    
6. The Conveyance Deed in favour of the Complainant shall be executed within three months from today, subject to payment

of outstanding dues, if any, payable by the Complainant to the Developer, in terms of this order and the requisite stamp duty and registration charges.”

7. The Developer shall pay ₹50,000/- as cost of litigation to the Complainant.”

8.      With these directions, the Complaint stands disposed of.