SUDHA GARGIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) ADMITTEDLY , the complainant was allotted a flat in Paschim Puri, New Delhi by the O.P. -DDA against the consideration of Rs. 2,28,300/ - as per estimated cost. For her failure to make the payment of 4th instalment which was deferred by the O.P. -DDA, her allotment was cancelled in spite of her having been paid the total amount of Rs. 1,59,810/ - against the cost of Rs. 2,28,000/ -. However, she was offered/allotted a flat in Dwarka at a price of Rs. 6,10,000/ - which she declined to pay as she was not in a position to pay the said amount.

(2.) ON account of deficiency in service on the part of O.P. -DDA inasmuch as that the complainant was not informed about the date of deferred payment of 4th instalment resulting in cancellation of the flat, the complainant has, through this complaint, sought the following reliefs:

(3.) THERE is no dispute that the cost of the flat was payable in four instalments on different dates mentioned in the allotment letter (Annexure A) and there is also no dispute that the complainant had paid three instalments on different dates (Annexures 2, 3 and 4) and that date of 4th instalment was deferred by the O.P. On account of this deferment complainant on making inquiries from the office of the O.P. about the date of payment was informed that she would be given a notice of the due date. After waiting for long, she again approached the O.P. and was informed that some litigation was going on with the DDA s contractor and the date of payment will be informed in due course of time. In spite of having met the concerned officials of the O.P. on several occasions, she did not receive any positive reply. As she rightly says she was being put off on one pretext or the other and ultimately she approached the Grievance Cell of the Hon ble Prime Minister and the O.P. informed the said Cell with copy of the letter dated 18.9.1994 that her allotment had already been cancelled.