LAWS(NCD)-1994-2-41

A C OHRI Vs. DELHI DEVELOPMENT AUTHORITY

Decided On February 04, 1994
A C Ohri Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the complainant against the order of District Forum No. 1 dated 19th May, 1993 by which the claim of the complainant was dismissed.

(2.) BRIEFLY the facts of the case are that the complainant got himself registered under Sixth Self Financing Scheme for Category III flats in 1985 and deposited an amount of Rs. 15,000/ - as registration charges, on 17th July, 1989. The respondent invited applications from the registrants of earlier scheme for making allotment of flats in Trilokpuri/Mayur Vihar. The complainant submitted an application for allotment of the flat in that scheme and he was allotted Flat No. 533, Category -III, Trilokpuri/Mayur Vihar vide allotment letter dated 27th September, 1989. The cost of the flat given in the letter was Rs. 2,90,600/ -. After giving the credit of Rs. 15,000/ - and adding documentation charges etc. he was required to pay Rs. 2,76,112/ -. It was further stated in the letter that as he had been allotted a flat out of the earlier release he was liable to pay interest on the amount of instalments in addition to the said price, @ 10% p.a. from the respective due dates, to the actual date of payment as detailed below: -

(3.) IT is contended by the appellant that he was entitled to interest @ 10% p.a. on the registration charges deposited by him from the date of the deposit till the amount was adjusted towards the first instalment, as it was not adjusted within one year as was given in the brochure. On the other hand the learned Counsel for the respondent has argued that one years period is to be taken from the date when the scheme was closed and not from the date when the registration amount was deposited.