K L BATRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant is aggrieved of the order dated 22.1.1996 passed by District Forum-II, New Delhi as the respondent has been allowed to offer the delivery of possession of the flat allotted to the appellant on 31.3.1989 on the price prevalent at the time of said offer and not at the price prevalent at the time of allotment.

(2.) Facts in brief are that one MIG Flat No.566 East Loni Road was allotted to the appellant vide letter dated 31.3.1989 with demand of Rs.77,560.46 towards part payment payable by 5.7.1989. It was stipulated that in case the appellant failed to pay the demanded amount the allotment will be treated as cancelled. However, the appellant made the payment well in advance i. e. , on 27.6.1989, though he submitted the documents on 15.12.1989. It appears that late submission of documents by the appellant resulted in cancellation of the flat. However, the allotment was revived on payment of Rs.5,000/- as restoration charges on 18.9.1992 but the possession of the flat was not released.

(3.) In the intervening period of three years i. e. , the date of cancellation of the flat and its restoration the flat in question was allotted to someone else. However, in view of the restoration of the allotment a draw of lots was held on 13.12.1993 and flat No.24-B-1/8 Sector 15, Rohini was allotted vide letter dated 26.3.1994. This allotment was accepted by the appellant with the condition that he will pay the original price of the flat, which was prevalent at the time of allotment of earlier flat. However, this condition did not find favour with the respondent and the allotment of the second flat also stood cancelled.