DELHI DEVELOPMENT AUTHORITY Vs. A.C.OHRI

JUDGEMENT

(1.) THIS Revision Petition has arisen out of the Order dated 4.2.1994 of the State Commission Delhi allowing the appeal of the Complainant by reversing the order of the District Forum1, Delhi dated 19.5.1993 by which the claim of the Complainant was dismissed.

(2.) THE facts of the case may briefly be noticed. The Complainant filed in 1985 application No. 10209 for registration under the Sixth Self Financing Scheme of the Delhi Development Authority(for short called D.D.A) for Category -III flat and deposited the requisite amount of Rs. 15,000/ - as registration deposit vide receipt No. 006523 dated 17.6.1985. D.D.A. offered in 1989 flats in Trilok Puri/Mayur Vihar on priority allotment to retiring -retired public servants registered earlier under various S.F.S. including 6th S.F.S. The Complainant opted for priority allotment and submitted an application being No.0255. On the basis of the draw of lot held on 11.8.1989, the Complainant was allotted Category -III flat No. 533 at Trilokpuri under S.F.S. An allotment letter dated 27.9.1989 was issued by the D.D.A. to the Complainant giving the final cost of the flat and other charges as under:

(3.) THE Complainant deposited a sum of Rs. 2,76,112/ - on 17.11.1989 with the Central Bank and submitted third copy of the challan along with other documents. The Complainant was informed regarding the amount of interest worked out as per clause 4 quoted above i.e. on the basis of respective due dates to the actual date of payment and this came to Rs. 79,062.20. After giving credit of the interest on belated construction for the delay beyond 30 months i.e. 2 months and 21 days of Rs. 4,228.40, the balance of Rs. 74,831.80 was demanded from the Complainant who paid the same and sent a photo copy of the challan along with the letter to D.D.A. The Complainant obtained the possession of the said flat.