V N BHARAT Vs. D D A

JUDGEMENT

(1.) THE appellant applied for registration in respect of a Category-II flat under the 1985 sixth Self-Financing Housing Registration scheme, advertised by the Delhi Development authority (hereinafter referred to as the "dda" ). As per the scheme, the flats to be constructed on a Multi-storied basis was expected to be ready within a period of two years. In clause 10 of the Scheme, the method of payment has been provided for as follows:-

(2.) AS far as the first four installments are concerned, there is no difficulty since such payments had undisputedly been made by the appellant. The problem arose in connection with the payment of the fifth and final instalment in respect of which a fresh demand letter was to be separately issued, which could include a possible escalation towards the cost of the flat.

(3.) AS will appear from the materials on record the appellant, despite being allotted a specific flat, did not make payment of the fifth and final instalment within 15 days of the receipt of the allotment letter as stipulated in the terms and conditions of the self-Financing Scheme. This resulted in the issuance of a show-cause notice by the DDA, which was received by the appellant on 10th september, 1997, asking him to explain as to why he had failed to make payment of the amount of Rs. 1,63,512/- by 31st December, 1996, towards the fifth and final installment. Without replying to the show-cause notice, the appellant by a letter dated 19th November, 1997, informed the DDA that he had never received any demand letter from the DDA for making payment of the fifth and final installment. The appellant accordingly, requested the DDA to issue a demand letter indicating the amount of the fifth instalment so that he could take over possession of the flat in question. Subsequently, on 8th May, 1998, the appellant received a letter from the dda dated 22nd April, 1998, informing him that a demand letter had been issued on 11th september, 1996. According to the appellant, the said letter had never been tendered to him. In fact, in the letter dated 22nd April, 1998, sent by DDA it was stated that another demand letter was in process and would be issued in due course.