GITA JOLLY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This complaint has been filed by the complainant Gita Jolly against the O.P. DDA alleging deficiency in rendering services.

(2.) Facts of the case are that the complainant applied for a flat in response to VIIIth SFS Scheme floated by the O.P. in the year 1995 for allotment of flats in Sector 12, Pocket I, Dwarka, Delhi. It is admitted position that the flats were almost complete and appear to have been left over from earlier schemes, which could not be allotted. The cost of the flat was Rs. 6,70,000/- payment schedule was Rs. 50,000/- along with application, Rs. 5,53,600/- within one month of the issue or date of allotment letter and balance 10% together with increased cost, if any, within one month of the letter of possession. In the present case letter of allotment was issued on 20.11.1995-30.11.1995 allegedly received by the complainant in the first week of January, 1996 - since the money mentioned in the letter was not deposited within the time limit precribed, the allotment was cancelled on 4.2.1996 by O.P. The money (Rs. 5,53,100) mentioned in the letter of allotment referred to earlier, was deposited by the complainant on 4.9.1996. Complainant made several requests, as per record, to let her know the amount of interest payable on account of late deposit of the amount-but no reply was forthcoming. It is only on 26.11.1997 that the complainant was informed about the regularisation of delay in making payment subject to payment of interest and restoration charges as per terms and conditions. It was also stated in the said letter that flat would be allotted through a mini draw to be held in near future. It was only on 22.12.1997 that the complainant was informed to deposit Rs. 71,958/- on account of 'late payment-interest' and restoration charges. It was on 26.6.1998 that complainant was allotted flat No. 397 (G.F.), Sector 12 Part I, Dwarka on a basis of draw held on 17.2.1998. This allotment letter mentioned the price of the flat at Rs. 10,85,276/- and after adjusting for the amounts already paid by the complainant, the complainant was asked to pay a further amount of Rs. 4,92,285/- within one month i.e., by 25.7.1998 and different amounts, if the payments are made on later dates, but within four months. It also carried a clause of automatic cancellation after 25.10.1998. This amount was also paid; however no date is available on record as to on which date the amount was paid. Thus the complainant, in all, paid Rs. 11,77,151/- to the opposite party.

(3.) It is in these circumstances that the complainant filed the present complaint before us on 8.4.1999 seeking following reliefs: