SOCIETY OF CATALYSTS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Delhi Development Authority (opposite party) on 6.8.2008 launched a scheme of allotment of 5010 flats in various parts of Delhi to the eligible applicants. As per the scheme the eligible applicants were supposed to file application for allotment of flat under the scheme by purchasing an application form at the cost of Rs.100/- or by downloading the application form from the website of DDA and submit the same with an application fee of Rs.100/-. It was further the requirement of the scheme that eligible candidate alongwith the application form must deposit a sum of Rs.1.5 lakhs by way of bank draft. The said deposit was refundable to the unsuccessful applicants within three months of the draw without any interest thereon. However, in case of the delayed refund there was a stipulation that the deposited amount would be refunded alongwith interest. As regards the successful applicants, the deposited amount was to be adjusted against the consideration of the flat allotted to him/her.

(2.) It is further the case of the applicant that after the announcement of scheme, number of commercial banks floated the loan schemes for those interested in applying under the scheme by the DDA. In most of the said loan schemes the applicant for loan was supposed to pay a sum of Rs.6,500/- as interest on the loan amount of Rs.1.5 lakhs in advance by way of a cheque alongwith the post-dated cheques for the principal amount in the event of failure of the loanee to succeed in the draw of lots.

(3.) It is alleged that the condition requiring the applicant to purchase application form at a cost of Rs.100/- and submit the application with interest free deposit of Rs.1.5 lakhs irrespective of the applicant succeeding or failing to get the allotment amounts to restricted trade practice as defined under section 2 (1) (nnn) of the Consumer Protection Act as also unfair trade practice as defined under section 2 (1) ( r ) of the Consumer Protection Act, 1986. The complainant, therefore, has filed the instant complaint seeking following reliefs: