VICE CHAIRMAN, THROUGH ITS DEPUTY DIRECTOR HOUSING (MIG), DELHI DEVELOPMENT AUTHORITY Vs. BHANWAR SINGH RAJWAT

JUDGEMENT

(1.) Present petition preferred on behalf of DDA (Opposite Party in the original complaint) assails Order dtd. 12/1/2021 passed by the learned Delhi State Consumer Disputes Redressal Commission in FA No.470 of 2015, whereby the appeal preferred on behalf of the complainant Bhanwar Singh Rajawat (Respondent herein) was allowed. Petitioner and respondent are hereinafter referred to as Complainant and Opposite Party as appearing in the complaint, for the sake of convenience.

(2.) Facts fall within a narrow encompass. Complainant Bhanwar Singh Rajawat registered for allotment of MIG flat under Ambedkar Awas Yojna vide application dtd. 29/12/1989, reflecting his residential address as Quarter No.104, Sidhoran Kalan, Delhi. Complainant was declared successful for allotment of MIG flat under afore-said scheme on hire purchase basis and demand letter No.9560 dtd. 26/12/2001 to 31/12/2001 was forwarded by DDA/OP. However, the said demand letter was received back as undelivered. Complainant thereafter approached office of DDA/Opposite Party on 28/2/2002 and received the Demand-cum-Allotment Letter. Further, an amount of Rs.20,000.00 was deposited by him on 4/3/2002.

(3.) In terms of the allotment letter, the last date to deposit the initial demanded amount was 31/3/2002 but the said payment was not deposited by the complainant. In terms of the demand letter dtd. 26/12/2001-31/12/2001, in case the allottee failed to deposit the amount of Rs.5,26,460.00 by 31/3/2002, the cancellation was automatic. Also, the cost of the flat was reflected as Rs.8,88,400.00. The complainant thereafter requested for extending the date for further payments and for waiving the interest on account of confirmation deposits as well as monthly deposits vide letter dtd. 11/3/2002 but the same was categorically declined by OP vide letter dtd. 9/4/2002 with a request to follow the terms and conditions of demand-cum-allotment letter dtd. 31/12/2001 or to apply for refund of registration.