DELHI DEVELOPMENT AUTHORITY Vs. SUDERSHAN BHARIJA

JUDGEMENT

(1.) ON the allegation of having been allotted a flat which was 10 years old under the Narela Housing Scheme, 2002 and was in dilapidated condition as he had opted for the scheme subsequently, though he was originally registered in the LIG Rohini Residential Plotted Scheme, 1981, the District Forum has vide impugned order dated 5.3.2005 directed the appellant to give the old priority number i.e. 15139 in the Rohini Housing Scheme, 1981 to the respondent and to pay Rs. 5,000 as compensation towards deficiency in service and for adopting unfair trade practices including harassment and mental agony and Rs. 2,000 towards cost of litigation. Feeling aggrieved the appellant has preferred this appeal.

(2.) THERE is no dispute as to the respondent being a successful allottee under the Scheme called Narela Housing Scheme, 2002. The scheme floated by the appellant was as under:

(3.) IT appears that the District Forum directed the appellant to give the old priority No. i.e. 15139 in the Rohini Housing Scheme, 1981, in view of the flat offered by the appellant under the Narela Housing Scheme being very old and in dilapidated condition. However, the appellant is justifying its action in allotting a flat under Narela Housing Scheme on the following stipulation mentioned in the scheme: