RAJENDER PERSAD GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Briefly the facts are that the complainant got himself registered under New Pattern Scheme 1979 MIG category. In the draw held on 13.3.90 he was allotted flat No.450 Type 'b' Pocket 5, Trilok Puri, Phase-I. He received the allotment letter dated 17.1.92 wherein the disposal cost of the flat was shown as Rs.4,14,000/-. It is alleged that the other allottees of the same type of flats with and without stores in the same pocket have been charged Rs.3,16,900/- and Rs.2,97,900 respectively. The flat allotted to the complainant is without the store and that was complete at the time of draw. It is further alleged that due to the default on the part of D. D. A. the allotment letter was not issued. Consequently, it is prayed that the D. D. A. be directed to charge the same price from the complainant at which the flats have been allotted to other allottees, who were issued letters earlier.

(2.) The complaint has been contested by the respondents. It is pleaded that the price of the flat demanded from the complainant, has been fixed on no profit no loss basis and therefore, he was liable to pay the same.3. The only question that arises for determination is, whether the complainant is liable to pay the price of the flat as was paid by other allottees who had been issued demand-cum-allotment letter in Aug.1990 or he is liable to pay the price as demanded by the respondent, from him. The complainant delivered interrogatories to the respondent wherein it is admitted by them that they issued letters to the allottees of the draw held on 13.3.90 in August, 1990 demanding the disposal cost in a sum of Rs.2,97,900/- for the MIG flat without store and Rs.3,16,900/- for MIG flats with store. They also admitted that the complainant had been allotted a flat in the draw held on 13.3.90.4. From the aforesaid replies to the interrogatories it is evident that the respondent issued demand-cumallotment letters regarding the draw held in March, 1990 twice. Once in August '90 and second time in January'92. They demanded Rs.2,97,900/- from the allottees as price of the flat without store in the letters issued in August, 1990 and they demanded higher price of Rs.4,14,000/- from the allottees to whom letters were issued on 17.1.92. This, in our view, could not be done by them as all the flats had been completed before the draw. The demand-cum-allotment letter could not be issued to the complainant due to the negligence of the respondent. It is well-settled that a complainant cannot be allowed to suffer for negligence of the opposite party. Consequently, we are of the opinion that the complainant is entitled to allotment of the flat at a price of Rs.2,97,900/-.5. For the aforesaid reasons we accept the complaint with costs and direct the respondent to charge Rs.2,97,900/- as price of the flat from the complainant. Costs Rs.2,000/-.