DDA Vs. OM PRAKASH BUVEJA

JUDGEMENT

(1.) -this appeal has been filed against the order of the District Forum dated 10.2.93. Briefly the facts are that the complainant is the owner of house No. B-l /527 Janakpuri. It is alleged that he had been paying the sum of Rs.60.28 as half yearly ground rent to the respondent as per conditions of the lease agreement regularly. However, no receipts were issued by them for deposit of the amounts in the State Bank of India (S. B. I. ). He had deposited the rent for June, 1993 on 3rd December, 1982 in the S. B. I. He furnished all the details about the said payment through various letters to the DDA but still the amount had not been credited to his account. The respondent again asked him to deposit the amount vide letter dated 7/11 Oct. , 88. The complainant therefore prayed that the respondent be directed to credit the said amount and pay damages to the tune of Rs.5,766/-.

(2.) The DDA, respondent No.1, in their W. S. pleaded that the amount deposited by the complainant vide challan dated 3rd December, 82 had been credited to his account. They further stated that the other amounts deposited have also been credited to his account. However, they have not mentioned the date when the said amount of Rs.60.28 had been credited to the complainant's account.

(3.) S. B. I. , respondent No.2, in their W. S. , stated that the amount of Rs.60.28 on account of ground rent was deposited by the complainant with them and that the same was sent to the DDA vide their draft No.095609 dated 7.2.83 for an amount of Rs.93,118.98. The draft amount included the said amount of Rs.60.28.