DELHI DEVELOPMENT AUTHORITY Vs. AJAY KUMAR

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 28.11.2008, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 828/2005, "Ajay Kumar versus Delhi Development Authority", vide which, while allowing the said appeal, the order dated 18.03.2005, passed by the District Forum in consumer complaint No. 536/2003, dismissing the said complaint, was set aside and a direction was given to the opposite party (OP), the Delhi Development Authority (hereinafter referred to as DDA) to allot a plot to the complainant in any scheme which provides benefit to the SC/ST persons and on failure to do so, to pay a sum of Rs. 5 lakh as compensation to the complainant, besides refund of the registration amount deposited by him alongwith interest.

(2.) Briefly stated, the facts of the case are that the complainant/respondent Ajay Kumar booked a low-income group (LIG) flat with the opposite party (OP) DDA under their scheme, called the Ambedkar Awas Yojana for Scheduled Castes/Scheduled Tribes category on 22.12.1989, and paid the registration amount of Rs. 8,000/-. As per the brochure of the scheme issued by the DDA, 75% of the flats for this category were to be allotted on hire-purchase basis and the balance 25% on cash down basis. Vide their order dated 09.12.2002, the DDA allotted flat no. 406, Ground Floor, Phase-I, Pocket 9, Naseerpur, Dwarka and demanded a sum of Rs. 4,25,170/- on cash down basis. However, the complainant raised the plea that the said flat should be allotted to him on hire-purchase basis. On the refusal of the OP to accede to the request of the complainant, he filed the instant consumer complaint No. 536/2003, seeking directions to the OP DDA to allot the flat on hire-purchase basis.

(3.) The OP DDA filed their written statement to the consumer complaint, in which they stated that as per their policy, 50% of the flats were to be allotted on hire-purchase basis and the balance 50% on cash down basis. The allotment of flat to the complainant had been made through a draw held on computer and not manually. The OP DDA also stated that they had carried out the change in the terms and conditions of the policy mentioned in the brochure and as per the said change, only 50% of the flats were to be allotted on hire-purchase basis. They also stated that an intimation to that effect had been given to the complainant vide their letter dated 07.04.2003.