GROUP CAPT. MUKESH PAUL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:-

(2.) It is the case of the petitioner that he is a retired defence personnel and was posted at various places of the Country. He applied for a flat in Dwarka under the VIIIth SFS Scheme in July, 1995. The flat was allotted to the petitioner in Sector 22, Pkt/Block-1, Dwarka at a cost of Rs.7,20,000/- in November, 2011. At the time of allotment, he was posted at Arakkonam (Tamil Nadu) and no information about allotment of flat was provided to the petitioner by the respondent. It is the case of the petitioner that he was totally ignorant about allotment of flat till February, 1999 when he received a letter dated October 09, 1998 from the respondent at his place of posting in Arakkonam asking him to apply for refund of registration deposit of Rs.50,000/-. Upon receipt of the said letter, petitioner vide his letter dated February 24, 1999 requested the respondent for re-allotment of flat, which request was rejected by the respondent vide its letter dated August 18, 1999. On November 20, 1999, the petitioner applied for refund of the registration amount along with interest but till July, 2001 no refund was received by the petitioner. Vide letter dated July 21, 2001 the petitioner requested Lieutenant Governor for reconsideration of his case. On July 25, 2001, respondent asked the petitioner to forward his FDR number and any other documents pertaining to registration to its office. The petitioner immediately complied with the same but no action was taken by the respondent.

(3.) It is the case of the petitioner that vide letter dated February 25, 2002, he again applied for reconsideration of his case for allotment of flat but the respondent through its letter dated June 10, 2002 once again advised him to apply for refund of registration amount. It is his case that in spite of several requests to the respondent, the petitioner did not receive any reply. On March 19, 2008, the petitioner moved a petition before the Lok Adalat. The Presiding Officer of Lok Adalat while observing that justice was not meted out to the petitioner, forwarded the case to Hon'ble Lieutenant Governor for decision. He referred to the order dated January 27, 2009 passed by the Lok Adalat in that regard.