RAJ BALA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THROUGH this complaint the complainant has sought refund of a sum of Rs. 98,408 with interest @ 18% paid by the allottee on account of 50% unearned increase in the market value of the plot allotted by the respondent besides Rs. 11,699 with interest recovered by the appellant in question. Case of the complainant in brief is as under :

(2.) ON the basis of aforesaid conspectus of facts complainant has sought refund of Rs. 98,490.08 illegally recovered by the DDA on account of 50% unearned increase in the market value of the plot in question, along with interest @ 18% p.a. w.e.f. 5.3.1990 to 30.1.1991 amounting to Rs. 30,890.81 and interest pendente lite and also till the date of its payment and refund of sum of Rs. 11,699 recovered by the DDA on account of penalty for delay in construction of building.

(3.) CLAIM of refund of the aforesaid amount was resisted by the DDA on the following premises :