DELHI DEVELOPMENT AUTHORITY Vs. BANSI B. SHAH

JUDGEMENT

(1.) ON account of wrongful cancellation of the allotment of the flat for non -payment of the cost of the flat despite service of demand -cum -allotment letter, the District Forum has vide impugned order dated 13.4.2007 directed the appellant to pay a lump sum compenstion of Rs. 2.5 lacs besides Rs. 5,000 as cost of litigation and with further direction that the instalments shall be paid by the respondent as mentioned in the demand -cum -allotment letter but the same shall commence from the 10th day of the month subsequent to the delivery of possession of the flat to the respondent. Feeling aggrieved the appellant has preferred this appeal.

(2.) THE grievance of the appellant raised through this appeal, in brief, is that the respondent was liable to make the payment of instalments as per the terms and conditions contained in the demand -cum -allotment letter dated 10.7.1994 and in spite of this the District Forum has held that no interest shall be charged on the payment of the instalments if made by the respondent subsequently and secondly that compensation of Rs. 2.5 lacs is on the higher side.

(3.) WE have perused the impugned order closely and find that the appellant has been held guilty for deficiency in service and negligence in sending demand -cum -allotment letter to the respondent at his Delhi address despite the change of address having been notified by the appellant to the respondent much earlier.