YOGESH GURDASANI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a suit for recovery of Rs. 45,53,610.00 . The plaintiff is a non-resident Indian and is residing at Dubai. First defendant is the Delhi Development Authority and the second defendant is the Union of India. The first defendant advertised and invited applications for the sale/allotment/grant of perpetual leasehold rights in respect of Nursing Home plots of various sizes. In the brochure issued by the first defendant in this regard it was mentioned that the plots were meant for Indians living abroad and the payment was required to be made by them in foreign exchange. The eligibility conditions for allotment of plots for Nursing Home were as follows :

(2.) It was also provided in the aforesaid brochure that after the receipt by the defendant of the total premium and other amounts payable in respect of the plot allotted to the successful applicant, the possession of the same would be handed over to him and lease deed executed in his favour. The condition reads as under :

(3.) Pursuant to the said advertisement the plaintiff made an application for allotment of a Nursing Home plot and initially paid a sum of Rs. l,80,000.00 in foreign exchange. The first defendant allotted plot No. NH-II measuring 1029.33 sq. meters in Block No. C-1, L.S.C. Janakpuri, New Delhi, in favour of the plaintiff for a total premium of Rs. 6,25,000.00 . Since he had already paid a sum of Rs. l,80,000.00 , the D.D.A. required the plaintiff to pay the remaining sum of Rs. 4,45,000.00 in foreign exchange. The plaintiff was permitted to deposit the amount within the extended time, viz., January 18, 1982. Pursuant to this the petitioner deposited a sum of Rs. 4,45,000.00 in foreign exchange within the extended time allowed by the Delhi Development Authority. However, by letter dated January 19, 1984 the first defendant asked the plaintiff to deposit Rs. 8,737.50 towards interest on account of belated payment of premium. Responding to the aforesaid letter of the first defendant, the plaintiff deposited the aforesaid sum of Rs. 8,737.50 on July 17,1984.