GURINDER BEDI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Briefly, the facts of the case are that the petitioner got herself registered for allotment of two bedroom flat under Self financing Scheme with the Delhi Development Authority on the terms and conditions given in the brochure issued by it and deposited an amount of Rs.10,000/- as registration fee. She was allotted a flat on third floor in the area known as Sidhartha Extension, Pocket 'c' vide letter dated 4.8.82 at an estimated cost of Rs.1,24,000/-. She deposited 90% of the estimated cost of Rs.1,24,000/- according to the schedule of payment. The balance of 10% was payable at the time when the letter of demand was issued. The said letter it is pleaded was to be issued. The said letter it is pleaded was to be issued within 24 months of the date of allotment of the flat. In May, 1988 she received a letter dated 10th May, 1988 from the respondent allotting her flat bearing No.210-D at a price of Rs.1,57,900/-. After giving a credit of Rs.33,542/- on account of interest payable by D. D. A. to the complainant, she was required to deposit Rs.13,042/-. The increase in the cost of the flat, it is pleaded, was unwarranted.

(2.) It is also pleaded that the possession of the flat was delivered to her in September, 1988. Even at that time the flat was not fit for possession and it became fit for habitation in February/march, 1989. She has therefore, prayed that a decree for recovery of Rs.1,12,373/-be passed in her favour as detailed below:-

(3.) The claim has. been contested by the respondent. It has been pleaded by it that the disposal cost of the flat allotted to the petitioner had been worked out on the basis of approved pricing policy of the authority based on no profit no loss basis. The main reason for escalation in the cost of flat over the tentative cost worked out in 1982, was that though the construction of the flats was started in 1982 but the same could not be completed till 1988. In the said period there had been tremendous increase in the cost of material and labour. The flats allotted at a cost of Rs.1,42,200/- had been completed in 1986. Therefore, there was nominal increase in the cost taking into consideration the cost of the flats, which were completed in 1986.