BHIM SEN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The complainant - Shri Bhim Sen has filed a complaint petition charging the respondent, the Delhi Development Authority, with adoption of and indulgence in unfair trade practices and stating therein that he applied for a flat under the Low Income Group Scheme of the respondent and paid a sum of Rs.1,500/- as the initial deposit and he was registered at Sl. No.40447. In support of this averment, the applicant has annexed the registration slip issued to him. He has also enclosed the deposit receipt, issued by the respondent, for the amount of Rs.1,500/-. Thereafter, the complainant approached the respondent by writing a letter dated 11.3.1993 for issuing the allotment-cum-demand letter and also sent a reminder dated 13.4.1993 but there was no response from the respondent. The correspondence with the respondent, however, continued till 1998. Subsequently, the complainant came to know that the flat in question, had been allotted to somebody else by the respondent.

(2.) In reply to the aforsesaid complaint petition, on the basis of which U. T. P. E. No.8/2001 was instituted, it was stated by Shri V. K. Singhal, Director (Housing) II on behalf of the respondent that inadvertently the allotment-cum-demand letter was issued by the concerned clerks at the wrong address. It has been further stated that the respondent has since made amends and offered allotment of a flat No.521, GR-17, Pockets 5 and 7, Paschim Vihar, New Delhi and also asked the complainant to deposit a sum of Rs.4,15,890.86.

(3.) The respondent, however, failed to file a reply to the Notice of Enquiry dated 29.1.2001 despite the opportunity given for this purpose and accordingly, the respondent was set ex parte. The learned Advocate for the respondent was also asked to seek instructions whether the respondent was willing to give allotment of the flat in question, at the price prevailing in 1991 - the year when the flat was originally to be allotted to the applicant.