VIRENDER SINGH DETHI Vs. VICE CHAIRMAN DDA

JUDGEMENT

(1.) In the year 1982, the Delhi Development Authority, respondents No. 1, floated a scheme for construction and allotment of houses known as Fifth (1982) Self-Financing Housing Registration Scheme. The scheme was floated under the Delhi Development Authority ( Management and Disposal of Housing Estates) Regulations, 1968. The object of the scheme was to obtain financial participation during the period of construction by such persons who wish to own flat according to the different types/designs offered by D.D.A. The petitioner Varindar Singh Sethi was born on 13-2-1966. On 9-8-1982, when he was 16 years 6 months of age, he applied for registration under the scheme under the guardianship of his mother. The application was accompanied by a challan depositing an amount of Rs. 10,000.00 in favour of the D.D.A. The registration was allowed and the petitioner was issued a certificate of registration No.5658. After waiting for a period of about 5 years, a draw of lots was held .on 30-9-1987 and in the block dates of 20/27 -10-1987, the petitioner was allotted a flat in Paschim Puri, 23 Block: G17, Pocket: GH 13 in Category II on the ground floor. The petitioner was informed by the D.D.A. vide allotment-cum-demand letter dated 20/27-10-87 (Annexure-C) asking him to deposit a sum of Rs. 2.04.974.55 p. on or before 27-11-1987. It was mentioned in the said letter that the demand should be paid within 90 days of the due date and in case of default, the restoration will be done upon payment of interest plus cancellation/restoration charges. By the time of allotment of flats, the petitioner had already become a major having attained the age of 21 years 8 months. The schedule of payments was shown as under by the D.D.A.:- <FRM>JUDGEMENT_25_DRJ39_1996Html1.htm</FRM> A note inserted below the above schedule required the petitioner to make payment lump sum as the dates of instalment preceded the date of draw held by D.D.A: The petitioner made the payments as under: Date Challan No. Amount <FRM>JUDGEMENT_25_DRJ39_1996Html2.htm</FRM>

(2.) It is not disputed that after giving credit for the amount of registration deposit and interest accrued thereon, the net amount payable by the petitioner was Rs. 2,04,974.53p. and due date was 27-11-87. There was a grace time of 90 days for making the payment. Thus out of the demanded amount, a sum of Rs. 1,50,000/ had been paid in time. There was a delay in payment of Rs. 55,000/.

(3.) On 9-3-1989, the D.D.A. issued a letter to the petitioner informing that on account of nonpayment in time the allocation had stood automatically cancelled on 26-2-1988. It was also mentioned that the cancellation charges and interest shall be worked out and indicated to the petitioner in due course. The petitioner in reply gave the details of the payment and sought for restoration of allotment. On 15-1-1990, the D.D.A. issued a letter Annexure -'G' informing him that the petitioner's allotment was cancelled on 12-11-1989 as the petitioner was minor at the time of registration. The petitioner made representations, sought for interview with the officials of the D.D.A. and filed this petition on 15-3-1993 as he was not allowed any relief by the respondent.