DELHI DEVELOPMENT AUTHORITY Vs. DINESH KUMAR

JUDGEMENT

(1.) The present Appeal has been filed against Judgment dtd. 11/7/2022 (hereinafter referred to as "the Impugned Judgment ") wherein the learned Single Judge has set aside the demand raised by the Appellant/Delhi Development Authority (hereinafter referred to as "DDA ") to pay interest on balance 10 % disposal cost to be paid for of an allotted Flat.

(2.) The brief relevant facts are as follows:

(3.) It was submitted by learned Counsel for DDA that the terms and conditions as contained in the (i) Brochure, (ii) Demand cum Allotment Letter and (iii) Agreement to Sell which are all part of the contractual terms between DDA and an allottee. The interest on balance 10% disposal cost of the Flat as levied is part of the contract and documents executed by an allottee and Respondent has agreed to these terms at the time of the allotment. Reliance has been placed on Clause 16(c) of the Scheme which provides that interest on the 10% balance consideration of an allotted Flat is to be paid after five years.