DELHI DEVELOPMENT AUTHORITY Vs. NEELAM SEHGAL

JUDGEMENT

(1.) It is unfortunate that for the indifferent and mischievous attitude of the officials of the appellant posted in the department dealing with allotment of the flats and handing over of possession of flats consumers are suffering immensely as this Commission has come across many such cases which manifestly project intentional harassment of the consumers on one excuse or the other. Instead of helping the consumer, the appellant authority has become a source of a harassment. The appellant authority should keep in mind that it is constituted for the welfare of the people and in spite of protecting their interests they tend to become a precursor and persecutor.

(2.) In the instant case, the appellant has filed an appeal against the impugned order dated 2.12.2003 passed by District Forum-II, Udyog Sadan, Institutional Area, New Delhi in Complaint Case No.881/2001-entitled Smt. Neelam Sehgal V/s. Delhi Development Authority, directing the appellant to refund the booking amount with interest as the respondent was forced to cancel the allotment because of the attitude of the appellant's officials in not handing over the possession of the flat and keeping on writing to the respondent letter after letter to send the documents to them which the respondent had already sent on 13.12.1990 through registered letter. So much so even the refund was not made to the respondent despite her efforts and writing to the Lt. Governor/chairman of the DDA.

(3.) The facts germane for the purpose of this appeal are like this. The respondent was allotted a flat for which she deposited Rs.15,240/- on 25.6.1990 vide DD dated 25.6.1990 against receipt dated 27.6.1990/13.7.1990. Despite having completed all the formalities, possession of the flat was not handed over to him and whenever the respondent asked for handing over the possession, the appellant would write to her to send the documents which she had already sent to the appellant on 13.12.1990 by way of registered letter. Having got exhausted and exasperated, the respondent wrote a letter to the appellant on 18.11.1991 seeking cancellation of the allotment and to return the money deposited by her with interest after deducting the cancellation charges. The refund was not made despite her efforts and writing letters to the Vice-Chairman of the Appellant Authority and she was forced to approach the District Forum wherein she claimed Rs.25,000/- as compensation and Rs.5,000/- as litigation expenses and the District Forum directed the appellant to refund the money deposited by her with 12% interest w. e. f.26.6.1991 till payment.