DELHI DEVELOPMENT AUTHORITY Vs. A N SAIGAL

JUDGEMENT

(1.) This Revision Petition has been filed against the order of the State Consumer Disputes Redressal Commission, Delhi. By the impugned order the Delhi Development Authority (for short the DDA) has been directed to pay interest at the rate of 10% per annum on the instalments deposited by the present Respondent Mr. A.N. Saigal, who was the complainant, from the date of deposit till 14th February, 1986. The refund was ordered to be made within a period of three months filing which the amount is to carry interest at the rate of 15% from the date of complaint till the date of payment. Feeling aggrieved by the said order DDA has filed this Revision Petition.

(2.) Briefly the facts are that the complainant has applied for a flat under Self Financing Scheme (SFS) and was allocated flat in Category-II in Vasant Kunj, Pocket-5, Sector-B on the basis of draw held on 14th December, 1988. The complainant vide his letter dated 9th July, 1985 requested for a change in allocation in view of his impending retirement. The request of the complainant for change was accepted and the flat of Category-II, SFS flat on 2nd floor in Kishangarh, Sector-A Residential Scheme was allocated to him and an Allotment cum/Demand Letter dated 13th January, 1986 was issued to him. In this demand letter the scheme of payment was outlined. It was also indicated in the demand letter that "in addition to the above you are liable to pay interest charges at 10% on the amount of instalments mentioned from the due date to the actual date of payment". In the Allotment-cumDemand letter the details of price of the new flat allocated to the complainant were clearly spelt out. The D.D.A. paid interest to the complainant at 7% on the amount of instalments deposited by him in accordance with the terms and conditions of the brochure of the scheme under which he had got himself registered in Category-II flat, Vasant Kunj. The scheme of payment was as given below :

(3.) The complainant has made payments according to the above schedule. The scheme of payment with reference to the flat in Kishangarh which was allocated to him on his request about change was as follows :