DELHI DEVELOPMENT AUTHORITY Vs. A V RAGHAVAN

JUDGEMENT

(1.) The present appeal has been filed by the appellant assailing the order of the District Forum-II dated 19.3.1997, in Complaint Case No.3659/94 entitled Shri A. Vira Raghavan V/s. The Vice Chairman, D. D. A.

(2.) The brief facts, leading to the filing of the present appeal are that the respondent, Sh. A. Vira Raghavan, had filed a complaint before the District Forum under Sec.12 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), averring therein that the respondent/complainant had been allotted an MIG flat, in the year 1985 in Pocket-IV, Mayur Vihar, Delhi by the appellant. The appellant/d. D. A. introduced a scheme for converting leasehold flats/built-up plots into freehold on payment of conversion charges. The respondent/complainant applied for conversion of his flat from leasehold to freehold under the said scheme vide application dated 29.4.1993 alongwith relevant documents. The appellant vide its letters dated 13.9.1993 and 10.8.1994 demanded certain amounts on account of ground rent for the years 1993-1994 and 1994-1995 as well as processing fee and service charges, which the respondent duly paid. It was the case of the respondent/complainant that despite his having fulfilled all formalities and having made all payments as per the requirement of appellant/d. D. A. the latter failed to convert his flat from leasehold to freehold within 90 days in terms of the Brochure of the Scheme. The appellant, therefore, filed a complaint before the District Forum praying for directions to the appellant/dda to convert his flat from leasehold to freehold and to refund Rs.1,041.25 P. received by appellant in excess and against the terms of the Brochure, as well as grant compensation of Rs.20,000/- to the respondent for mental agony, torture and sufferings undergone by him.

(3.) During the pendency of proceeding before the District Forum the appellant/dda sent the conversion deed and the conversion was finally effected on 31.12.1995.