MANOHAR LAL SHARMA Vs. D D A

JUDGEMENT

(1.) THESE two are the cross appeals challenging the order dated 5.7.1991 passed by the State Commission Delhi in complaint petition filed by the appellant in First Appeal No.165 of 1991 allowing the said complaint to the extent of directing that interest should be charged against him only w.e.f. the date of issuance of the letter of allotment of the flat to the complainant. The grievance put forward by the complainant relates to the question of pricing, interest being only one of the components that has been taken into account by the D.D. A. in the matter of fixing the total price payable in respect of the flat.

(2.) IN Gujarat Housing Board v. Datania Amritlal Fulchand and Ors. First Appeal No. 242 of 1991 decided on 7.10.1993 (1993) 3 Consumer Protect Reports page 411 this Commission had occasion to consider the question as to whether a grievance concerning the pricing of a flat allotted to a person by a Housing Board or Society or other authority such as D.D.A. can be the subject matter of adjudication under the Consumer Protection Act. After adverting to the relevant decisions on the point this Commission held that the question of pricing cannot be gone into by the Consumer Forums since the price of the flats is not fixed by any law and that even if any excess charge has been collected by way of price that will not constitute a ground for contending that there is a 'deficiency' in service on the part of the opposite party. In the light of principle laid down in the said decision which we find no reason to reconsider, we hold that the State Commission was in error in granting relief to the complainant in this case. The order of the State Commission is accordingly set aside and the complaint petition is hereby dismissed. These appeals are disposed of as above.