RAJESH SHARMA Vs. D.D.A.

JUDGEMENT

(1.) IN this case petitioner booked an MIG flat vide registration No.40969 under the DDA -6 Scheme. On 19.01.2007 petitioner was allotted a flat vide block date 19.01.2007 file No.M/353 (103)2007/DDA -06/RO. Petitioner was allotted flat No.42, Sector -24, Pocket -4, 3rd floor, Rohini, Delhi. The demand letter was issued to the petitioner at the initial cost of Rs.17,37,651/ -. Copy of the demand letter has been placed on record. As per the allotment letter, petitioner was to pay Rs.17,37,651/ - between 20.01.2007 to 31.03.2007. The petitioner is stated to have deposited the amount within the time allowed on 19.04.2007. On the same day the petitioner also deposited all the required documents and an acknowledgment was received on the same date. The petitioner was called upon to deposit necessary stamp duty charges for preparing the conveyance deed. The petitioner is stated to have deposited Rs.1,51,065/ - towards the stamp duty charges on 15.06.2007. The petitioner thereafter made repeated requests to the DDA to hand over the possession of the flat to him. The petitioner is stated to have sent a representation on 18.09.2007 as well. Petitioner also made a representation to the Prime Minister's Office, but to no effect.

(2.) COUNSEL for petitioner submits that petitioner had obtained a loan from UCO Bank and according to the terms and conditions of the loan, the flat in question was to be mortgaged in favour of the Bank. It is contended that even the senior Manager of the bank addressed a letter to the DDA on 05.05.2008, copy of which has been placed on record. By means of this letter, Manager of the Bank had drawn the attention of the Commissioner (Housing), DDA that the bank has sanctioned loan in the sum of Rs.15.0 lacs on 30.03.2007 in favour of the petitioner. The loan was disbursed with an undertaking that an equitable mortgage in favour of the bank would be created as soon as the conveyance deed of the property is received from the DDA. The Manager also requested the DDA to immediately hand over the possession of the flat to the petitioner, to enable the allottee to create the equitable mortgage in favour of the bank. All efforts of the petitioner to seek possession of the flat for which entire payment of Rs.17,37,651/ - was paid by 19.01.2007, which fell on deaf ears. The petitioner has thus approached this Court by filing the present petition and has prayed as under:

(3.) COUNTER affidavit has been filed by the DDA. Neither the allotment nor the deposit of the amount on 19.04.2007 has not been denied. It has also not been denied that the petitioner had submitted stamp duty charges for the conveyance deed as well. Reasons stated in the counter affidavit for not handing over the flat in question were that some defects were found in the flat at Sector -24, Pocket -4, Rohini, Delhi, due to which DDA was unable to hand over the possession. During the pendency of this writ petition the Court was informed that the repair work would be completed latest by December, 2008. Even after filing of the counter affidavit, the DDA did not hand over possession of the flat by 31.12.2008.