SANTOSH KUMAR VERMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Brief facts giving rise to this appeal are that the appellant was allotted an L1g flat under the 1979 Scheme on 2nd floor in Dilshad Garden. On medical ground he requested for change to the ground floor by letter dated 10.3.86. The request was allowed and a flat on the ground floor allotted to him. As the price of the flat on the ground floor was Rs.98,100/-, the appellant was required to pay monthly installment @ Rs.607.50p. This was after adjusting the amount paid in respect of the flat which had been allotted earlier.

(2.) The grievance of the appellant is that in December, 1984 when he was allotted a flat on the second floor, the price of the flat on the ground floor was approximately Rs.80,000/- and he was not liable to pay more. The Complainant also represented for the refund of Rs.5,730.55p. which he had paid in installments against the previous flat. Having failed to get any relief, he filed a complaint before D. F-II for the refund of the aforesaid amount with interest.

(3.) After hearing the Complainant, the complaint was dismissed with the finding that there is no deficiency in service. Two reasons were given, (1) that the matter related to the price of the flat which was not within the jurisdiction of the District Forum and (2) having accepted the ground floor on the terms and conditions offered, the appellant was estopped from claiming the amount. No one appeared for the Complainant when the appeal came up for hearing. After going through the order recorded by the District Forum we find no infirmity in the same and accordingly dismiss the appeal in limine.