DELHI DEVELOPMENT AUTHORITY Vs. SH. B.L. PATNEY

JUDGEMENT

(1.) The present common judgment will dispose off two appeals, one by Sh. B.L. Patney, being LPA No. 27/2005 and LPA No. 1122/2004 by the Delhi Development Authority, hereafter "DDA" and the other a Writ Petition, i.e. W.P.(C) 21859/2005 by Sh. B.L. Patney. The appeals impugn the common judgment and order of a learned Single Judge dated 01.11.2004 in W.P.(C) 1967/2003, (filed by one Sh. Khushdeep Bansal) and W.P.(C) 10928/2004, preferred by Sh. B.L. Patney.

(2.) The DDA had auctioned 83.61 square metres plot (Plot No.A-3/133, Paschim Vihar, New Delhi; hereafter "the plot"); Shri Patney participated in the auction. His bid at Rs.2,92,000/-, was the highest and was accepted on 18.01.1988. The full bid amount was paid on 17.02.1988. Pending completion of formalities for execution of the perpetual sub-lease document, possession of the plot was offered to Shri Patney, who went to the site on 14.06.1988. The concerned DDA official did not hand over possession since the area of the plot was 95.52 sq.meters, discovered after measurement that day. Later, on 26.04.1989, DDA demanded a further sum of Rs.41,594.55/-, calculated for the excess area. Shri Patney paid the sum within the time demanded; DDA also demanded Rs.3,033/- towards interest, which again was paid in time. On 01.12.1989, possession of the plot was handed over.

(3.) The Lease Deed for the plot was not executed. Shri Patney, being aggrieved, approached the State Commission (Consumer Disputes Redressal Commission) [hereafter referred to as "the State Commission"], seeking compensation for deficiency in service, towards not measuring the plot, handing it over late, demanding interest, and for the delay in execution of the Lease Deed. He stated that there was no reason to charge interest for the additional demand, and interest from the date after 30 days' of bid confirmation. The next deficiency pointed out was that at the time of auction, frontage of the plot was shown to be 20 ft. but at site it came to 17-1/2 ft. Further deficiency pointed out was that possession at site was delivered on 01.12.1989, i.e. after 23 months of the auction. On 24.01.1991, the State Commission awarded compensation in the sum of Rs.65,000/- to Shri Patney.