UNIVERSAL BROTHERHOOD CO-OP. Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order shall dispose of all these First Appeals arising from the orders dated 10.05.05 and 13.07.07 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in complaint case nos.156/96, 318/96 and 44/97 whereby the State Commission has awarded some compensation/interest to the Complainant Societies for not returning the money in time.

(2.) Delhi Development Authority (in short, the "DDA") vide communication dated 1.10.90 made an offer to the 260 Co-operative Group Housing Societies including the Universal Brotherhood Co-op Group Housing Society (hereinafter to be referred to as the "Complainant") to allot the land at the rate of Rs.975/- per square meter in Dwarka (Papankala), Phase 1 and to deposit Rs.5,00,000/- towards earnest money by 23.10.90. Complainant deposited the sum of Rs.5 lakh on 7.10.90. In the meantime, CWP No.3389/90 and other similar writ petitions were filed before the Hon'ble High Court of Delhi by some co-operative Group Housing Societies challenging the criteria/basis of allotment/guidelines for decision for allotment of land.

(3.) DDA issued allotment letter dated 25.1.91 allotting the land measuring 8500 sq. mtrs. in Dwarka, Phase I to the Complainant and asked it to deposit 50% of cost of land, i.e. Rs.41,73,750/- by 25.03.91. In para 6 of the said allotment letter, it was specifically mentioned that the proposed allotment shall be subject to final decision in CWP No.3389/90 and various other writ petitions pending in Delhi High Court or proceedings pending before any other courts/forum challenging the criteria/basis/guidelines for allotment of land and if need be as a result of the decision therein, the allotment is liable to be reviewed and cancelled. In that event the entire amount received by DDA shall be refunded without any interest and the allottee will have no right or claim for any compensation/damages/ alternative allotment on any grounds whatsoever.