DELHI DEVELOPMENT AUTHORITY Vs. DINESH KUMAR GUPTA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 by Delhi Development Authority (hereinafter referred to as 'DDA') against the impugned order dated 28.08.2012, passed by the Delhi State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 691/2010, "Delhi Development Authority versus Dinesh Kumar Gupta", vide which, the appeal filed against the order dated 04.03.2010 passed by District Consumer Disputes Redressal Forum, in complaint no. 709/2009 was ordered to be dismissed on grounds of delay in filing the said appeal.

(2.) Brief facts of the case are that the petitioner DDA floated a scheme known as "New Pattern Registration Housing Scheme 1979" and the complainant/respondent registered himself on 26.09.1979 for allotment of an MIG flat vide application no. 15257. The complainant was given registration no. 23549 and priority number 21715. According to the complainant, he was residing at D-4, Hakikat Rai Road, Adarsh Nagar, Delhi at the time of registration. Later on, he changed his address and informed the petitioner/OP vide letter dated 30.04.81 for the change of address. However, he did not hear anything from the OP for about 30 years. The complainant has stated that the OP floated another scheme, "DDA Housing Scheme 2008" on 06.08.2008, whereupon he approached the OP to know about the fate of his registration made in 1979. He was informed that he had already been allotted a flat in the year 1997 at Rohini and a demand-cum-allotment letter was also sent to him. As per the complainant, he never received the said allotment letter, because the same was sent by the OP at his previous address. The complainant requested for a direction to the OP to allow and deliver the possession of an MIG category flat in Delhi and also to pay a compensation of Rs.1 lakh on account of mental torture and agony. The District Forum vide order dated 4.3.2010 directed that the OP shall allot a MIG flat in Rohini, preferably in sector 23, at the prevalent cost and deliver the possession as early as possible. An appeal filed before the State Commission against this order was ordered to be dismissed vide impugned order, saying that there was delay of 171 days in filing the appeal, which was a serious lapse on the part of the appellant. It is against this order of the State Commission that the present petition has been filed.

(3.) At the time of arguments before us, the learned counsel for the petitioner stated that in response to his application for registration under the "New Pattern Housing Registration Scheme 1979," an MIG Flat 268, 2nd floor Pocket I, Sector 23, Rohini had been allotted to the complainant on 26.3.97 on cash down basis. A demand-cum-allotment letter was also issued to him with block date 10.07.98 to 14.07.98 and it was sent at his address, D-4, Hakikat Rai Road, Adarsh Nagar, Delhi. However, since nothing was heard from the complainant and no money was deposited by him, the said allotment was cancelled by the DDA on 19.04.99, but before that, a show-cause notice was also issued to him on 21.01.99. As per letter dated 19.04.99, he was also asked to apply for refund of his deposited amount by submitting the original documents like FDR/Registration Certificate, etc. The learned counsel stated that the letters regarding change of address were not received by them. Learned counsel further stated that the State Commission had rejected their appeal against the order of the District Forum on the grounds of delay in filing the appeal. However, they had shown sufficient reasons for condonation of delay in their application filed before the State Commission along with the appeal.