SUBHASH CHANDER SABHARWAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Feeling aggrieved by the impugned order dated 25.6.1997 passed by District Forum-II, Udyog Sadan, Institutional Area, New Delhi in Complaint Case No.3181/1994, whereby the complaint of the appellant seeking damages to the tune of Rs.2,45,000/- against the respondent DDA as well as the then DESU on account of deficiency in service and unfair trade practice was dismissed, the appellant has preferred this appeal.

(2.) Facts giving rise to this appeal in brief are that the appellant purchased shop No.24, DDA Market, Sector-C, Block-C, C. S. C. Shalimar Bagh, New Delhi in an auction sale for Rs.1,77,205/-. Possession of the shop was taken over on 23.4.1994. After taking the possession it was found that the area where the shop was situated had not been electrified, though temporary electricity connection was available.

(3.) The grievance of the appellant is that the respondent has indulged in unfair trade practice by selling the shop in question without getting the area electrified. Admittedly electrification of the area was done in the year 1995. The respondent DDA claimed to have deposited the development charges with the respondent DESU for laying cables for the purpose of electrification of the area in March, 1992. So much so the additional amount claimed by the DESU was also adjusted against another scheme in 1995. The respondent DESU absolved its liability by taking the plea that the appellant had never applied for temporary electricity connection though had admitted that till 1995 the area was not electrified and permanent connections were not available.