B S BHATTI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN this revision by the complainant/petitioner against the order dated 22.02.2005 of State Commission, Delhi, the controversy centers around liability for payment of Rs. 66,476.70 as actual period interest (API) by the petitioner. Smt. Tara Devi Bhatti got herself registered with the respondent/opposite pat1y in 6th SF Scheme in 1985 for a category III flat and this registration was later on transferred in the name of the petitioner. However, this scheme was dropped. A new Spl. SF Scheme was started by the respondent on 11.03.1986. Applications were invited from the registrants of 6th SF Scheme sometime in the month of October, 1987. Petitioner applied in this scheme. On being successful in draw of lot held on 21.11.1988, the petitioner was allotted a flat vide allotment letter dated 22.05.1989 by the respondent. Cost of the flat included Rs. 66,476.70 towards API. After making payment of this amount and taking possession of allotted flat, said demand towards API was challenged by the petitioner which was contested by the respondent.

(2.) SUBMISSION advanced by the petitioner is that the respondent cannot charge API for the period prior to filing of application in new Spl. SFS Scheme. In para No. 2 of the respondents letter dated 22.05.1989 (copy at page 24) the schedule of installments is shown thus: -

(3.) BELOW the table, it is stated: Wherever due dates shown are prior to the date of draw, the allocation relates to the flat/locality where construction has already commenced and in terms of note 2 of the Annexure C of the Brochure, you are liable to pay these instalments in lumpsum in addition to interest at the rate of 10% for the actual period.