N ANAND RAO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order will dispose of appeal Nos. A-502 and A- 508 of 1993 which arise out of the same judgment of the District Forum-II. Appeal No. A-502 of 1993 has been filed by the DDA and A-508 of 1993 by the complainant.

(2.) Briefly the facts are that the complainant got himself registered under registration scheme of New Pattern 1979, with the DDA. He was allotted a flat on hire purchase basis. Later, he applied for change into cash down payment which was accepted and the flat was allotted by the DDA on that basis. He made full payment on 18-6-90. The possession letter was issued to him on 29-1-91. It is alleged, that inspite of his best effort he was not delivered the flat immediately after depositing the price. He was informed on 15-3-91 that the possession would be given to him in the month of April, 91. Inspite of that letter he was not given possession in April but it was given to him on 30-5-91. He field a claim claiming loss of Rs.33,714.25 suffered by him.

(3.) Opposite Party No.1-DDA contested the complaint. The other OPs namely Municipal Corporation of Delhi (MCD) and Delhi Electric Supply Undertaking (DESU) did not contest the complaint. OP-1 pleaded that the possession letter was issued to him on 29-1-91 as the water and electricity facilities were not available in the flats. It is further pleaded that the delay of 4-5 months was normal delay in delivering the possession. Consequently they denied their liability to pay any damages to the complainant. However, they admitted full payment by the complainant before the last date of payment. They also took objection that the complaint was not maintainable for want of notice u/sec.53-B of the Delhi Development Act, 1956 (DD Act ).