LAWS(NCD)-2008-2-96

DELHI DEVELOPMENT AUTHORITY Vs. URMILA MISHRA

Decided On February 13, 2008
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
Urmila Mishra Respondents

JUDGEMENT

(1.) Complainant, Dr. Urmila Mishra had applied for a flat in multi -storeyed building to be constructed by DDA 27 years ago i.e. in 1981, under a scheme called Motia Khan Residential Scheme. She had paid Rs.20,000 as registration amount. Further two instalments were also paid. DDA issued a Press release asking the allottees not to pay further instalments as there is slow progress in the construction of its multi -storeyed flats. Later on the DDA sent a final demand letter to her at Sarita Vihar address which was returned undelivered. A peon was also sent to the same address.

(2.) Learned counsel Ms. Bhattacharjee drew our attention to the correspondence from Dr. Urmila Mishra dated 3.10.2005 which is reproduced below: I was allotted/allocated a flat at IIIB in Motiakhan in 1983 and paid 3 instalments out of 4 from my foreign exchange account when I was working abroad. After a lapse of 16 years on 31.12.1999 I received a letter that I have specific allotment of Flat and final demand letter will be sent at the earliest. On personal enquiry I was told that demand letter will be sent by post. By that time I changed my residence and I submitted my new address to your receipt and despatch cell. I did not receive any subsequent demand letter. Meanwhile, I was down with several ailments including:

(3.) As against this, the final demand letter was sent to Sarita Vihar address by which time she had left this place and gone to stay at Kaushambi, Ghaziabad to recoup her health. Despite the fact that complainant had given her permanent address at Jabalpur, DDA did not make any effort to send final demand letter to the complainant at her Jabalpur address. This is a clear cut deficiency in service.