DELHI DEVELOPMENT AUTHORITY Vs. KRISHAN GUPTA

JUDGEMENT

(1.) The present Appeal has been filed against the Order dated 13.06.2016 passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter to be referred to as "State Commission "), whereby the Complaint filed by the Complainant was allowed and the Appellant was directed to allot, within two months, a flat of category-III preferably, if category III is not available, then category II flat in Dwarka or Rohini or North Delhi. Allotment was directed to be made at the rate on which last flat in the said category and said area was allotted by the Opposite Party. However, if the no flat under the SFS Scheme could be allotted to the Complainant, Appellant was directed to pay compensation to the tune of 40,00,000.00 (Rupees Forty Lacs Only). The said amount was ascertained on the basis of difference between the amount for which booking was done and market value of the same at the date of filing of the Consumer Complaint.

(2.) Brief facts of the case leading upto the present Appeal are that Appellant had floated nine self finance schemes (hereinafter to be referred as "SFS Scheme ") for allotment of flats at various locations in Delhi. The Second SFS Scheme, 1978 was floated in December, 1978. The Complainant contended that he had deposited the requisite registration amount of 10,000.00 (Rupees Ten Thousand Only) vide receipt no 3862 dated 22.12.1978. Pertinently, as per Clause 13 of the second SFS Scheme, "those once registered will continue to remain registered, if they have not opted for any scheme or unless registration deposit paid by them is withdrawn. "

(3.) Subsequently, Appellant, in June, 1987, issued brochure giving tentative cost of flats under First SFS Scheme to Sixth SFS Scheme for various floors ranging from 1,70,000.00 till 3,18,000.00. The maximum tentative price of the flat was declared to be 3,18,000.00 for second floor at Kalkaji, New Delhi, which was inclusive of terrace floor and car garage.