DAYA BINDAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BRIEF facts of the case are that the complainant was registered in 1981 under the Fourth Self Financing Scheme for allotment of one of the flats which were being constructed by the DDA, hereinafter referred to as the opposite party. Letter of allocation dated 8/15.1.88 was issued allocating a category -II flat in Sector B, Pocket 4, Vasant Kunj, New Delhi. The tentative cost of the flat was fixed at Rs. 2,59,600/ - and various terms and conditions of allotment were set out therein. These terms included the following : (i) The first four instalments consisting 90% cost of the flat was to be deposited on the dates specified in the letter and that the allottee was required to complete certain formalities within the given time span. (ii) The period of completion of the project was 30 months failing which the DDA was to pay interest for the period of delay. The rate of interest was 7% for upto 6 months beyond the initial 30 months and thereafter @ 10%. (iii) On completion of the project draw of lots were to be held to allot specific flat No. and the DDA was to send demand lettter for 5th and final instalment for payment of the balance amount. Such letter was to be issued within one month from the date of draw of lots.

(2.) THE case of the complainant is that she paid all the four initial installments towards 90% cost of the flat amounting to Rs. 2,33,560/ - as per the schedule laid -down by the opposite party through receipted challans mentioned herein under and also completed the prescribed for malities within the time allowed in this behalf. The details of various payments are as under: - Date Challan No. Amount 13.2.88 5984 49,036.15 (Also surrendered FDR worth) 15,813.85 15.7.88 21114 51,880.00 15.6.90 5986 64,850.00 14.1.91 53207 51,880.00 Total : 2,33,460.00 There is no dispute regarding the above payments and the dates on which they were made.

(3.) F . 126(134) Bhola Shankar Kothari 16.12.92 2237