TRILOK CHAND MITTAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule.

(2.) With the consent of learned counsel for the parties the matter is taken up for final disposal.

(3.) The petitioner was registered in 1982 under the Self Financing ; Scheme and an allocation letter was issued on 6.12.1991 allocating a category II flat on the first floor in Block No.8, Jasola Vihar, New Delhi at an estimated cost of Rs.5,15,400/-. The petitioner paid the four instalments therein. On 20.4.1998 the petitioner informed the respondent of a change of address in its record. This letter was acknowledged by the respondent vide letter dated 13.5.1998 where a proof of change of address was demanded; However, the same was not submitted by the petitioner and it is stated by learned counsel for the petitioner that this was so since the petitioner had only changed the communication address though he continued to reside at the original address. On 30.6.98 a draw of lots was held and an allotment letter was issued on 9.10,98 allotting flat No.84-F on the first floor in Sector 8, Jasola Vihar, New Delhi to the petitioner and making a net demand of Rs. 1,37,601/- in view of the cost of the flat being Rs,6,71,068/- and taking into consideration the instalments already paid. The last date to make the payment was 6.2.99 in which case Rs. 1,41,041/- had to be paid and thereafter there was provision for automatic cancellation. The petitioner claims not to have received this letter but when he visited the-office of responded in February, 1999 he found out about the same and deposited the said amount along with further interest upto ; 27.2.1999. Thus there was a delay of 21 days from the last date of making payment after which there was automatic cancellation.