DELHI DEVELOPMENT AUTHORITY Vs. RAJINDER PRASAD

JUDGEMENT

(1.) The present set of 53 revision petitions was filed by the Delhi Development Authority (for short "the DDA") being aggrievedby the orders dated 19.12.2007 of the Delhi State Consumer Disputes Redressal Commission, which had dismissed the appeals. The revision petitions were heard in this Commission by a Bench comprising two members, namely, Hon'ble Mr. Justice K.S. Chaudhari, Presiding Member and Hon'ble Dr. B.C. Gupta, Member, who, however, failed to arrive at a consensus and, therefore, wrote two separate orders, one allowing the revision petitions and the other dismissing the same. The revision petitions were, therefore, assigned by the Hon'ble President to the undersigned as provided under Section 20(lA)(iii) of the Consumer Protection Act, 1986.

(2.) Briefly the facts of the case are that, Respondents/Complainants had been allotted flats by thePetitioner/DDAinSector-18,Rohini, Delhi under a Scheme known as "Rohini HIG Housing Scheme, 2003" on payment of the demanded amount, which included the cost of flat, conversion charges, share money and service charges. Possession of the flats was subsequently handed over to the Respondents / Complainants on the basis of demand letters dated 15.9.2013. Respondents/Complainants thereafter contended that the Petitioner/DDA had demanded lesser amount from subsequent allottees under the same Scheme bynot charging them service charges and share money, as indicated in the demand letter sent to them. Consequently, the Petitioner/DD A had reduced the cost of the flats to the extent of Rs. 20,000 per flat. Alleging deficiency of service on the part of the Petitioner/DDA, Respondents/ Complainants first represented to the Petitioner/DDA and on not receiving a satisfactory response filed complaints before the District Consumer Disputes Redressal Forum (South-II), New Delhi (for short "the District Forum"), praying for refund of (i) service charge and share money; (ii) Rs. 2900 charged on account of conversion charges; and (iii) Rs. 20,000 as the Petitioner/OP charged lesser amount from waitlisted allottees. Rs. 1.00 lakh was sought as compensation on account of downgrading the category of the flat.

(3.) The District Forum, after hearing the parties and on the basis of evidence produced before it, allowed the complaints and directed the Petitioner/DDA to refund a sum of Rs. 33,665 (i.e. Rs. 34,665 on account of service charges and Rs. 1,000 onaccountof share money) to the Respondents/Complainants. Appeals filed by the Petitioner/DDA were dismissed by the State Commission.