JAIN AND CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In the year 1984, the respondent-DDA announced a scheme for construction of commercial flats which was known as DDA's First Self Financing Scheme for commercial flats (hereinafter, `the Scheme' for short). The object of the scheme was to provide commercial flats to individuals, firms, companies etc. in commercial building to be constructed by the DDA in its commercial centers through financial participation of intending purchasers. Registration under Scheme could be sought for by making an application accompanied by a deposit of Rs.20,000.00 . 25% of the cost of the flat was to be deposited as initial deposit on allocation of the flat. The balance amount was payable in 5 six-monthly installments of 15% each commencing six months of the date of the allocation. Possession was to be given within six months of the last installment failing which interest @ 12% per annum was payable by the DDA to the allottee. Delay in payments by the allottee was to attract liability for payment of interest @ 18% per annum in addition to the risk of the allocation itself being cancelled on account of default in payment.

(2.) On 12.4.84, the petitioner deposited Rs.20,000.00 and sought for registration in the scheme. On 27.12.84, the DDA informed the petitioner that it was declared successful for allocation of a flat under the Scheme (vide letter of allotment Annexure-B). In the allotment letter total estimated cost of the flat was set out as Rs.6,22,697/40p. Subject to adjustment of the amount already deposited plus the interest accrued thereon, the petitioner was asked to pay Rs.1,35,119/50p only as against Rs.1,55,674.35p being the amount of first installment. The remaining amount was payable in 4 installments of Rs.93,404/60 each on 4.3.85, 4.9.85, 4.3.86 and 4.9.86. The 6th final installment was to consist of 15% cost of the flat subject to adjustment for variation in the cost thereof. The rate was charged @ Rs.890.00 persq.ft. as was represented in the brochure published by the DDA.

(3.) The petitioner deposited the amount demanded as under :-