M.S. TEWARI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Revision Petition, arising out of an Execution Application, by the Complainant, is directed against the order, dated 05.09.2013, passed by the State Consumer Disputes Redressal Commission, Delhi (for short the State Commission ), in First Appeal No. FA-767/2010, which had been preferred by the Complainant against the order, dated 09.09.2010, passed by the District Consumer Disputes Redressal Forum-II, New Delhi (for short the District Forum ) in Execution Application No.286 of 2010, preferred by him. By the impugned order, the State Commission, while affirming the order, dated 09.09.2010, passed by the District Forum, has dismissed the Appeal.

(2.) The case has a chequered history. Therefore, in order to appreciate the controversy involved in the matter, it would be necessary to notice a few material facts. These are:

(3.) In the aforesaid background, alleging deficiency in service on the part of the DDA in not including his name in the draw of lots held on 31.05.2002 and not allotting the flat in the phase/sector, where the allotments to the applicants, having priority number just preceding and succeeding to him, were made, the Complainant filed a Complaint, being Complaint Case No. 203 of 2005, before the District Forum. The Complainant, inter-alia, prayed for a direction to the DDA to allot to him an MIG flat in phase/sector in which flats were allotted to the priority numbers just preceding and succeeding to his priority number, in the draw held on 31.05.2002, by restricting its cost as charged from the allottees in the said draw and to pay him a compensation of Rs. 5,00,000.00 towards mental shock, agony, huge loss and injury suffered by him.