SATYA PRAKASH MITAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) K .S. Gupta, Member"We propose to dispose of both these appeals by this common order as they arise out of the same order of the State Commission, Delhi dated 7.9.2007 passed in execution application No.22 of 2007.

(2.) SH . Satya Prakash Mital, complainant decree holder got himself registered under the scheme for commercial flats in upcoming commercial complexes in the District centers of Janakpuri, Bhikaji Cama Place, Laxmi Nagar and Nehru Place, with the DDA opposite party judgment debtor for a 75 sq. mtrs. commercial flat by paying Rs. 20,000 on 16.4.1984. Decree holder gave preference for Bhikaji Cama Place flats. On 29.10.1984 the judgment debtor informed the decree holder that he was not a successful bidder in the draw held on 5.9.1984 for allotment of flat in Bhikaji Cama Place and was told that some flats were available in Janakpuri and Laxmi Nagar District Centres and if he was interested in those flats, he could apply by 15.11.1984. Decree holder did not send any reply. In August -September, 1985, the judgment debtor floated second Self Financing Scheme for commercial flats. It was, inter alia, provided in this scheme that the persons who had deposited Rs. 20,000 at the time of registration under the 1st SFS of 1984 and were unsuccessful, can apply under it and would be given preference over those who get registered under the second SFS. Decree holder applied in the prescribed proforma under this scheme. Since the decree holder was not allotted a flat by the judgment debtor at Bhikaji Cama Place under the second SFS he filed complaint seeking certain directions which was contested by the judgment debtor. Vide order dated 29.3.1995, the complaint was allowed by the State Commission. Relevant portion of this order reads thus: Taking all the above mentioned points into consideration, we are of the view that complainant is entitled to the allotment of a commercial flat in Bhikaji Cama Place on payment of the price along with the normal interest applicable to the successful allottees of the draw of the second SFS as charged to the allot tees of that second SFS draw. This Commission vide order dated the 7th June, 1991 had ordered the retention of one flat of 75 sq. mts or thereabout. In the result, we accept the complaint and direct respondent to allot a flat of 75 sq. mts. or thereabout to the complainant in Bhikaji Cama Place within a period of three months on payment of the price as applicable to the allottees of the second SFS draw 1985 failing which action shall be taken against them under Section 27 of the Consumer Protection Act, 1986. Cost of Rs.1,000.

(3.) AGAINST the said order, the judgment debtor filed appeal before this Commission which was dismissed as barred by time by 75 days by the order dated 7.2.2002. Admittedly, no SLP was filed by the judgment debtor against the order dated 7.2.2002 with the result, the order dated 29.3.1995 has attained finality. By aforesaid order dated 7.9.2007, the State Commission held that in view of inability of the judgment debtor to allot a flat of 75 sq. mts due to its non -availability, there will be proportionate reduction in the price of flat of 55.00 sq. mtrs and the price charged by the judgment debtor for the flat would be @ Rs. 850 per sq. mtr without levying any other kind of charges including interest. In FA No.647 of 2007, the decree holder contends that as per the order dated 29.3.1995 he is entitled to a flat having area of 75 sq. mtrs. By the letter dated 27.12.2004, the judgment debtor had allotted a flat measuring 81.57 sq. mtrs. Therefore, in addition to allotted flat No.202 having an area of 55.74 sq. mtrs, he is entitled to allotment of flat No.203 on 2nd floor. In FA No.28 of 2008, the submission of Mrs. Girija Wadhwa, Adv. for the judgment debtor is that the decree holder for flat No.202 is liable to pay the amount as demanded by the letter 11.10.2006 and not @ Rs. 850 per sq. mtr. According to her, no flat of 75 sq. mtrs was available with the judgment debtor nor any draw of second SFS was held in the year 1985 and the draw under that scheme was held only in the year 1990. In support of this submission, she invited attention to the statement of Ms. Asma Manzoor, Commissioner (Land) of judgment debtor as recorded in the order under appeal as also the affidavit of Yashpal Garg, Director (Commercial) of the judgment debtor dated 30.1.2008. Mrs. Wadhwa further submitted that in the letter dated 27.12.2004 the area of flat No.202 was mentioned as 81.57 sq. mtrs by mistake which was corrected through the letter dated 11.10.2006. She denied that the decree holder is further entitlement to allotment of flat No.203.