SUSHIL KUMAR SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These two cross revision petitions arise out of the same common order dated 10th of January, 2006 passed by the State Consumer Disputes Redressal Commission, Delhi ( State Commission for short) in Appeal No. A-05/98. These are, therefore, being taken up together for decision vide this common order.

(2.) For easy reference, Sushil Kumar Sharma, the complainant before the Consumer Disputes Redressal Forum-II, Delhi ( District Forum for short, and the Delhi Development Authority (DDA), the opposite party before the District Forum, will be referred to as such in this order.

(3.) Facts of the case are that the complainant initially had enrolled himself with the opposite party-DDA for allotment of a MIG flat during the year 1979. Later on, he changed his mind and applied for the conversion of his registration for a higher category to Self Financing Scheme-V. In the meantime, the opposite party-DDA had allotted a MIG category flat in Pitampura, which the complainant refused to accept and pressed his conversion application. Vide letter dated 22nd May, 1990 the opposite party-DDA acceded to the request of the complainant and demanded Rs. 11,988 being the difference of registration amount with interest between the Self Financing Scheme-V and erstwhile MIG. On this amount being deposited, the complainant was treated as a registrant for the Self Financing Scheme-V. When applications were invited by the opposite party-DDA from the registrants of V, VI and VI-A Self Financing Scheme, the complainant applied for a category-II flat under the Self Financing Scheme-V. In a draw that was held on 30th of April, 1991, the complainant was declared successful and was allotted flat No. 460, Pocket-E, Category-II, 3rd Floor, Trilokpuri. A letter of allotment, accordingly, was issued on 8th of July, 1991, asking the complainant to deposit a sum of Rs. 4,19,431.80 on or before 15th of July, 1991. The complainant alleged that he was given a very short time of only seven days to deposit the amount and, therefore, sought an extension, to which there was no response. However, he deposited a sum of Rs. 4,30,300 on 5th of September, 1991.