PITAMBER DUTT Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) (ORAL) 1. This is the third round of litigation between the parties. The petitioner had applied in the year 1979 under the New Pattern Registration Scheme, 1979 and was allotted a LIG flat bearing No.29-G, Pocket A-2, Mayur Vihar, Phase-III, New Delhi on hire purchase basis. In the year 1990 a demand letter with block dates of 24-04-1990 to 03.05.1990 was issued to the petitioner. The cost of the flat was fixed at Rs.1,21,100/-. The petitioner was to deposit a sum of Rs.27,700/- towards the initial cost of the flat and the balance amount was to be deposited in 180 equal instalments inclusive of interest @ Rs.1250/- per month (Rs.519/- towards the principle amount and Rs.731/- towards the interest).

(2.) ADMITTEDLY, the petitioner instead of depositing Rs.27,700/- deposited a sum of approximately Rs.58,833/- on 26.06.1990. The petitioner decided to fix his own monthly instalment of Rs.833.50 and varied the terms of the allotment letter unilaterally and also made a request to the DDA to fix the monthly instalments as per his choice, however, no response was received from the DDA. Thereafter the petitioner kept on depositing a sum of Rs.833.50 per month for 24 instalments up to the year 1992 and thereafter the petitioner again did not make the monthly payment of instalment and in the year 2007 deposited another sum of Rs.77,931/-. Since the petitioner did not deposit the monthly instalments after the 24 th instalment, DDA levied interest on the amounts due, totaling to Rs.1,37,897/-.

(3.) BEING dissatisfied with the proceedings before the DDA, petitioner again approached this court by filing a writ petition [WP(C)No.5180/2011] which was also disposed of by an order dated 16.01.2012, upholding the earlier order. The court also noticed that the petitioner was aggrieved by the action of the DDA by which his request for refund was rejected as no calculation was submitted.