(1.) The above mentioned complaints have been filed by the complainants under Sec.17 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act" ). The above mentioned complaints have been filed by the members of the same family. Facts of the case are almost the same and the dispute involved is also the same. Hence both these complaints are being decided by this common order.
(2.) The facts of the case are that in Complaint Case No. C-76/1995 Shri Sanjiv Chakravarty got himself registered for a Category III flat under the 6th Self Financing Housing Registration Scheme, 1985 of the O. P. DDA by depositing Rs.15,000/- vide receipt No.009751 dated 24.7.1985. However, the complainant Shri Sanjiv Chakravarty was never offered any Category III flat (semi-finished) even after 10 years. Similarly in Complaint Case No. C-60/1995 Shri Ranjeet Chakravarty got himself registered under the same scheme and deposited Rs.15,000/- vide receipt No.005259 dated 23.7.1985. It is stated that the O. P. DDA had offered the semi-finished flats under the scheme for categories II and III at a cost which was expected to be 30% less than the cost of finished flats. It was also mentioned in the booklet issued by the O. P. DDA that the first lot of flats was to be released for allocation soon after the closure of the registration on 24.7.1985. As per para II of the booklet the flats were to be offered in various parts of Delhi including South Delhi. Rs.15,000/- for registration for Category III were required as registration fee which both the complainants deposited. The scheme of payment as laid down in the booklet vide para X is as follows: (a) 25% (including the amount paid as registration deposit) as initial deposit on allotment/allocation; (b) 20% after six months; (c) 25% after next six months; (d) 20% after next six months; and (e) 10% when required to take over possession.
(3.) Subsequently, the O. P. DDA modified the terms of payments for flats offered against the 6th Self Finance Housing Registration Scheme. It is alleged on behalf of the complainants that this has caused immense hardship to them due to exorbitant price fixed towards the cost of flats. Moreover, the O. P. DDA subsequently offered only finished flats against the registration in various localities and also gave notice for cancellation of registration under the 1985 6th Self Finance Housing Registration Scheme, if the modified offer was not accepted. It is also stated by complainant Shri Ranjeet Chakravarty that he was employed at Jeddah and after his return from there he has filed this complaint, hence he was delayed in filing the complaint. The complainants claimed Rs.10 lacs as damages in each case being the loss caused by the increase in the price of flats and interest @ 14% on the amount of Rs.15,000/- deposited with O. P. DDA from the date of deposit till payment. Damages for mental agony and cost of litigation have also been claimed. Complainant Sh. Ranjeet Chakravarty had also prayed that the DDA be directed to allot the Category III flat or an equivalent flat in an area of complainant's choice charging only escalation without including extortionate amount of interest or land price at current rate.