SUNIL GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Under the Ninth Self Financing Housing Scheme floated by Delhi Development Authority in the year 1996, a draw of lots was held on 31 st December, 1996, in which petitioner was allotted a ground floor flat in Sector/Pocket VI-S-3, Dwarka, Delhi. In this writ petition, quashing of demand-cum-allotment letter of 13 th December, 2010 is sought with directions to respondent - DDA to hand over possession of Ground Floor Flat No.381 in Pocket I, Sector 12, Dwarka, Delhi.

(2.) Petitioner claims that third copy of challan of 23 rd June, 1997 (Annexure P-5) showing deposit of 90% of cost of the flat was dispatched to DDA by UPC on 26 th August, 1997, whereas respondent - DDA asserts that it had not received it, leading to automatic cancellation of the allotment. Not much said by either side as to what had happened from August, 1997 till November, 2000 when respondent vide its letter of 10 th November, 2000 had informed petitioner about allotment of a second floor flat in a computerized draw held on 23 rd October, 2000.

(3.) Although petitioner claims to have written letters to Delhi Development Authority seeking possession of the flat allotted in the year 1997 but no such communication is on record. In response to petitioner's communication of 20 th November, 2000 respondent had disclosed vide its letter of 26 th September, 2001 (Annexure P-10) that since third copy of challan showing paying of 90% of the cost of the flat was not furnished, so it was presumed that payment had not been made, which resulted in automatic cancellation of the allotment of the year 1997. However, upon payment of restoration charges, allotment of second floor flat was made to petitioner at the old cost of flat plus interest which was challenged by petitioner by filing a complaint before State Consumer Redressal Commission in the year 2003 and in August, 2007, petitioner had withdrawn the said complaint on account of inordinate delay and had filed a writ petition which was disposed of vide order of 9 th February, 2010, directing respondent to hand over a flat to petitioner within six weeks on receipt of balance payment. According to petitioner, balance payment of Rs. 69,000/- was made to respondent on 26 th February, 2010 but respondent did not comply with the order of 9 th February, 2010, which led to filing of contempt petition.