MATESHWAR PRASAD Vs. D D A

JUDGEMENT

(1.) Briefly, the facts are that the complainant was registered under Self Financing Scheme (SFS) for allotment of a flat. He was issued allotment-cum-demand letter by the DDA and asked to deposit the balance amount of Rs.26,984/-, on 4.1.88. The balance amount was deposited by him on 2.2.88. It is alleged, that he completed all the formalities within the prescribed period, however, the possession letter was issued to him on 24.2.89 and the possession of the flat was given to him on 17.3.90. Consequently he has prayed that he may be allowed the interest on the amount and granted damages for the mental harassment.

(2.) It is not necessary to dilate upon this matter as a similar case came up before the National Commission in Lucknow Development Authority V/s. Roop Kishore Tandon, 1992 2 CPJ 503.

(3.) The facts of that case were identical with those of the present case. The plea of the DD A in that case was that the dispute arose between the DDA and the contractor, the latter went to the Court and consequently the possession could not be delivered to the complainant. The learned National Commission observed that existence of any dispute between the appellant and the contractor was purely an internal matter between them and it cannot be considered a valid ground for the delay in delivery of the possession to the allottee. Consequently it granted in terest @ 14 % p. a. on the amount of price deposited by the complainant.