DELHI DEVELOPMENT AUTHORITY Vs. R K SEWAL

JUDGEMENT

(1.) FACTS of the case in a nutshell are that the Delhi Development Authority (DDA) issued a brochure inviting applications for allotment of SFS Flats from the registrants of SFS from 1.3.1982 to 31.3.1982. Pursuant to this complainant Shri R.K. Sewal applied for allocation of flat preferring Category III flat in East of Kailash of which tentative cost was between Rs. 1.5 to 2.25 lakhs depending upon the floor. In order to obtain a house building plan, the complainant requested DDA vide letter dated 4.9.1982, to indicate the tentative cost of the flat including the cost of the land. DDA confirmed the estimated cost at Rs. 2.2 lakhs including a sum of Rs. 14,920.00 as estimated cost of the land and Rs.11,120.00 towards the internal development charges. The flats were fully constructed by 1984 and no further demand letter was issued by DDA.

(2.) WHEN he enquired from DDA for paying amount and possession of the flat he was told that in the year 1985 four persons of general category, who were not allotted flats, had approached the Delhi High Court and obtained injunction by filing a writ petition. On 13.2.1985 the complainant was also included as one of the respondents. On 4.9.1990 High Court vacated the stay partially and directed to hand over the possession of the remaining flats to the respondents including the complainant. On 15.10.90 the complainant requested the DDA to give demand cum allotment letter. On 17.10.91 the DDA asked the complainant to furnish certain documents. On 22.10.92 DDA issued demand cum allotment letter after repeated requests and reminders, and asked him to pay Rs.6,02,974.50 against final calculated cost of the flat Rs.6,13,000.00.

(3.) THE complainant filed a consumer case before the State Commission requesting for refund of the excess amount charged along with compensation and costs.