ASHISH KUMAR BISWAS Vs. D D A

JUDGEMENT

(1.) THIS revision petition has arisen out of the Order dated 6.9.95 of the State Commission, Delhi on a petition under Section 27 of the Consumer Protection Act, 1986 for enforcing the basic order passed by the State Commission on 7th April, 1994.

(2.) IT is necessary for the disposal of this revision petition to notice the case set up by the complainant before the State Commission. The complainant had get himself registered in 6th Self Financing Scheme, 1985 and paid a sum of Rs. 15,000/- on 17.7.85 as registration charges.

(3.) THE complainant who is petitioner herein moved an application under Section 27 of the Act as the order was not complied with within the period allowed by the State Commission. The State Commission received the reply of the DDA and noted its version. DDA reiterated its stand that under SFS scheme the construction is made with the financial participation of the registrants and where an individual is inducted at a latter stage, he is charged interest on the instalments which had already been paid by the other registrants. It is also pleaded that the estimated cost of the flat allocated to the complainant in the year 1990 was Rs. 5,39,700/- and the applicant had been asked to pay 90% of the estimated cost which works out to Rs. 4,85,780/- in the letter dated 1.12.94 allocating SFS flat on second floor in Pocket-G at Kondli Gharoli residential scheme in the mini draw held on 17.11.91. The complainant placed on record the status of the flat allocated to him and pleaded that it was still under construction and thus there has been no compliance of the order of the State Commission.