NCDRC orders DLF City Developers to refund parking charges with 7% interest
The National Consumer Dispute Redressal Commission (NCDRC) ordered DLF City Developers to refund the car parking charges collected from the buyer with 7 per cent interest from the date of deposit till the date of realization.
According to the plea filed by home buyer, through their advocates Aditya Parolia, Piyush Singh and Harshita Chauhan, DLF claimed to have obtained license from the Director, Town and Country Planning (DTCP) Haryana, for construction of DLF Crest situated in Sector-54, DLF Phase V, Gurugram.
The buyer booked a flat in the project in 2013 for Rs 6.5 crore. At the time of booking price was Rs 1,000 per sq ft for 3,479 sq ft apartment which was raised in 2015 by the builder to Rs 1,500 per sq ft. in 2018, while giving possession the builder in the demand letter asked for parking charges over and above the rate and an undertaking is required to be given to DLF Ltd. before taking over the possession confirming that the buyer will not raise any claim of any nature whatsoever towards the company.
The buyer in its plea also alleged that DLF has not supplied any occupancy certificate in order to prove that the project is complete in all respects and all necessary approvals are in place, raised amount on account of increase in area and did not give Timely Payment Rebate (TPR).
DLF City Developers in its plea said that the complainant is an investor and he applied for allotment of property in question in order to obtain better returns and appreciation in value, he has virtually challenged the mutually agreed, concluded and binding agreements entered into more than five years ago, which is evidently beyond the limitation period.
The builder further pleaded that the complainant was neither forced nor was influenced by DLF to sign the said
agreement, the possession of the said apartment was completed within the stipulated time and the TPR letter was a general letter issued to all the allottees to intimate them about the new benefit.
NCDRC after hearing both the counsels said that DLF has failed to produce any documentary evidence that the complainant is not a buyer. The court however said that the the clause relating to Timely Payment Rebate (TPR) specifically states that if there is any delayed payments the flat buyers is not entitled to the benefit of the incentive of TPR and hence dismissed this complaint.
The court also dismissed buyer’s complaint about the increase in cost due to alteration in flat’s area said that the difference in the area is 1.44%, around 50 square feet and cannot be said to be a phenomenal/substantial or major change in the super area which would affect the price considerably.