KAUSHLYA MADAN & ANR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The DDA issued a scheme known as Registration Scheme for New Pattern, 1979, for allotment of residential flats (hereinafter "DDA Scheme") in Dwarka.

(2.) Sh. J.C. Madan applied for a flat and deposited a sum of Rs. 4,500/- vide Challan No. A-05001 dated 25th September, 1979. The said deposit was to carry an interest of 7% per annum which was to be adjusted towards payment of cost of the flat or to be repaid. A certificate of Registration was also issued to Sh. J.C. Madan dated 17th May, 1980 by the DDA in which his address is recorded as D-II/76, Janak Puri, New Delhi. The Registration number was changed from 18604 to priority number 32941.

(3.) Sh. J.C. Madan, however, passed away on 13th June, 1984 but on the said date, the flat was not allotted to him but his registration number was valid. He left behind two legal heirs Smt. Kaushlya Madan (wife) and Sh. S.K. Madan (son). On 13th September, 2002, the son of Sh. J.C. Madan informed the DDA of his new address as DG-II/32-A, Vikas Puri, New Delhi-110018. In January, 2004 on seeing a press clipping of Times of India that all the registrants under HUDCO Scheme had been allotted the flats his son made enquiries. It was then revealed that the DDA had not effected the change of address in its records. At that stage, the Plaintiffs again submitted all the documents with the DDA and also prayed for change of name of allottee. Again the Plaintiffs sent a reminder on 18th September, 2006. However, none of the letters were replied by the DDA which led to issuance of a legal notice dated 7th December, 2006 and thereafter the filing of the suit by the wife and the son of Sh. J.C. Madan (hereinafter "Plaintiff"). In the plaint, they prayed for the followings reliefs against the DDA.