DDA VIKAS SADAN Vs. GYANSHYAM DASS

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 07.08.2012, passed by the Delhi State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission") in Appeal No. 651/2009, Delhi Development Authority and Anr. Vs. Ghanshyam Dass, vide which, while dismissing the appeal, the order passed by the District Consumer Disputes Redressal Forum, on 16.06.2009 in Consumer Complaint No. 636/2008, filed by the present respondent, Ghanshyam Dass, allowing the said complaint, was upheld.

(2.) Briefly stated, the facts of the case are that a commercial plot no. C-55, Keshopur Industrial Area, New Delhi was allotted to the complainant Ghanshyam Dass on 31.03.1998 by the opposite party (OP) Delhi Development Authority under its rehabilitation scheme, in lieu of an unauthorised piece of land, belonging to the Government in his possession. The complainant was required to pay an amount of Rs. 9,00,950.00 to the OP DDA within 30 days i.e. by 30.04.1998. As stated in the complaint itself, the complainant did not deposit the price in time, rather deposited a part amount of Rs. 1,80,000.00 on 27.07.2008, vide receipt/challan no. 0038969. The OP DDA sent a reminder to him on 11.08.1998, asking him to deposit the remaining amount along with interest @ 18% per annum within 15 days, failing which the allotment of plot would be cancelled. On his failure to deposit the said amount, the allotment made to him was cancelled vide letter dated 10.03.1999, and he was informed by the OP DDA. Moreover, the complainant wrote letters on 11.06.2001 to the DDA saying that he was no longer interested to purchase the plot and asked them to refund the amount of Rs. 1,80,000.00, deposited with them. This was followed by reminders by the complainant to the DDA in response to which, they replied on 25.11.2004 that his request for refund had been rejected. Later on, the complainant seems to have changed his mind and sent a letter dated 15.03.2005 to the OP for the restoration of the plot, but the same was not acceded to. The complainant then filed a request before the Lieutenant Governor of Delhi, seeking restoration of the plot. His request was, however, rejected, but the amount deposited by him was ordered to be refunded and an intimation to this effect dated 11.02.2009 was sent from the office of the Lieutenant Governor to the DDA. However, before that, the complainant filed the consumer complaint on 26.09.2008 before the District Forum, seeking restoration of his commercial plot at the old rates of allotment of 1998-1999 and also sought compensation of Rs. 2.5 lakhs for mental harassment etc. and Rs. 2,000.00 as cost of litigation.

(3.) The complaint was resisted by the OP DDA by filing a written statement before the District Forum, in which they stated that the complainant was not a consumer, because the plot in question was a commercial one. Moreover, the complaint was barred by limitation as per the provisions of Sec. 24A of the Consumer Protection Act, 1986, according to which the complainant was required to be filed within two years of the cause of action, having accrued. The complainant had himself sought refund of the amount deposited by him. The DDA stated that the allotment of plot had been cancelled, following the failure of the complainant to deposit the money in response to the demand-cum-allotment letter.