KRISHNA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Briefly the facts of the case are that the Delhi Development Authority floated a scheme for allotment of shops/ stalls for the Schedule Castes/schedule Tribes category. The complainant belonging to the Schedule Caste category applied for allotment under the said scheme vide application No.8669 dated 15.3.88 and deposited the earnest money of Rs.2,000/-. The complainant was declared successful in the draw of lots of allotment under this scheme which was held on 12.8.88. She was issued by the respondent an intimation-cumdemand letter dated 22.11.88 calling upon her to deposit 25% of the reserve price of the shops/ stalls amounting to Rs.33,600/- together with documentation charges, annual ground rent, maintenance charges amounting to Rs.36,660/- within 60 days together with necessary documents. The complainant complied with these requirements and deposited the said amount of Rs.36,660/- on 18.1.89 alongwith an application stating that the necessary documents were being filed alongwith the said amount and the respondent may deliver/hand-over the possession of the said shop/stall to her at the earliest.

(2.) According to the complainant the reserve price of shop No.9, LSC in Block No. A-l at Paschim Puri, ground floor allotted to the complainant was Rs.1,34,400/- carrying an annual ground rent of Rs.1,507.50 Ps. month. The complainant executed an undertaking to pay the balance amount of 75% in 24 equal instalments alongwith 6% p. a. interest to the D. D. A.

(3.) The complainant had made a payment of 25% of the reserve price within the stipulated period in 1988. It is alleged that the respondent (D. D. A.) illegally and with malafide intention delayed the handing over of the possession of the shop/stall for more then two and half years. It is further stated by the complainant that the respondent issued a letter to the complainant dated 26.2.92 wherein it was stated that a demand notice dated 22.11.88 was sent to the complainant asking for a sum of Rs.36,660/- towards part payment of the costs of the said shop. This letter further called upon the complainant to deposit Rs.21,425/- within 15 days towards balance of 25% of cost of the shop which had become due from the complainant. On receiving this letter the complainant draw the attention of the respondent vide her letter dated 18.1.89 that she had already paid 25% of the reserve price etc. amounting to Rs.36,660/- and that no additional amount was therefore, payable. The complainant further requested that the respondent may hand-over the possession of the shop to the complainant. In making this request the complainant again drew the attention of the respondent to the fact that the reserve price of the shop allotted to her was Rs.1,34,400/- and the annual ground rent was Rs.1,507.50 Ps. It was further stated that under the terms as specified in respondent's letter dated 22.11.88. It was not mentioned that the price quoted was subject to revision and accordingly she paid Rs.36,660/- as 25% of the reserve price and she was only liable to make the balance payment of Rs.1,00,800/- together with interest at 6% p. a. as per the terms of agreement/conditions executed between the parries. The complainant's case therefore is that the action of the respondent in increasing the sale price of the said shop to Rs.2,20,100/- is malafide and arbitrary and that the complainant cannot be called upon to pay anything beyond the price fixed at Rs.1,34,400/- with a monthly instalments of Rs.4,704/- and annual ground rent of Rs.1,507.50 Ps. It is accordingly prayed that the demand of the respondent for the price of the shop at Rs, 2,20,100/- may be rejected and the respondent be directed to execute a lease deed in favour of the complainant after her depositing the balance amount of Rs.1,12,896/- with interest 6% p. a. chargeable in 24 equal instalment of Rs.4704/- p. m. It is further prayed that the respondent be directed to pay interest @ 12% p. a. on the amount of Rs.36,660/- from January, 1989 to July 1991 together with damages of Rs.20,000/-.