DELHI DEVELOPMENT AUTHORITY Vs. AMARJIT SINGH LOOMBA

JUDGEMENT

(1.) Challenge in this First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short the "Act") by the Complainant, is to order dated 9.10.2012, passed by the State Consumer Disputes Redressal Commission, Delhi (for short the 'State Commission') in Complaint Case No. 89 of 2008. By its impugned order, the State Commission directed the Appellant/DDA to refund Rs. 13,68,150/- after deducting any interest, if paid, by the Complainant in respect of late instalments together with Rs. 1 lakh towards compensation and interest.

(2.) The brief facts as stated in the complaint are that the Complainant registered himself under NPRS Housing Scheme and was given priority No. 32904. On 31.5.2002, the Complainant was allotted a Flat (MIG/SFS) No. 99, Ground Floor, Sector-14, Pocket-B, Block PH-2, Dwarkapuri, New Delhi under the Hire Purchase Scheme. After 8 & 1/2 months from the date of allotment, a Demand Letter in respect of the aforesaid flat was issued by the DDA for making the payment of the initial deposit of Rs.6,58,085.89/- out of the total consideration of Rs.10,45,300/- on or before 3.10.2002. On 23.7.2002 the Complainant averred that he had informed the O.P. about change of address vide Regd. Letter but the allotment letter was delivered to him on 15.2.2003, i.e. after 5 months after the date of the last payment. The total cost of the flat mentioned in the Demand letter was totally against the price agreed upon on the basis of the Hire Purchase Agreement executed by the Complainant in favour of the DDA. On 24.2.2003 & 4.5.2003, the Complainant made a Complaint in this respect to the Vice-Chairman of the DDA and requested him to consider his case and issue a fresh demand letter but DDA vide letter dated 10.8.2004 cancelled the allotment without giving him any opportunity before cancellation. On 31.8.2004 and thereafter the Complainant addressed several letters requesting DDA to consider his case. On 9.1.2007 the Complainant received a new Demand Letter from the DDA in respect of the same flat allotted to him in the year 2002. In this letter, apart from the initial demand of Rs.10,45,300/-, a new demand of Rs.21,18,277.62/- was made, which is against the terms and conditions of the Agreement. The Opposite party took five years for the issue of the new demand letter dated 9.1.2007 in respect of the same flat for which there is no fault of the Complainant. On 7.2.2007, the Complainant wrote a letter to the Opposite Party requesting an explanation for the high price and to reduce the excess amount from the price mentioned in the letter.

(3.) Subsequently, the Complainant/Respondent received a letter dated 7.2.2007 from the Opposite party that the price quoted in the subsequent Demand Letter is as per the approved policy, and that if the demand is not made within the due date, the allotment would be cancelled. An amount of Rs.1,70,000/- was deposited by the Complainant as per demand letter dated 8.6.2007 and the Complainant sought for extension. On 5.7.2007, the Opposite party had given an assurance to extend the period of payment by three months but the extension was given upto 9.9.2007 to deposit the entire amount. The Complainant averred that the entire payment was made and the possession of the flat was delivered to him on 27.12.2007. The Complainant filed a complaint before the State Commission seeking direction to DDA to refund the excess amount collected from him together with compensation of Rs. 3 lakhs and costs.