DELHI DEVELOPMENT AUTHORITY Vs. MANOJ KUMAR VERMA

JUDGEMENT

(1.) The complainant / respondent applied to the petitioner for allotment of a residential flat in its Narela Housing Scheme, 2004, depositing a registration amount of Rs.30,000/-. Flat No.83, in Sector A-10, C-Block Pocket-6, was allotted to the complainant in a draw held on 29.5.2014. The case of the petitioner is that the intimation of the allotment was sent to the complainant by UTI Bank through Overnight Express Courier and was delivered to him. The case of the complainant on the other hand is that no demand-cum-allotment letter was received by him despite several letters sent by him to the petitioner DDA informing that despite the allotment he had not received any demand-cum-allotment letter. He also stated that he had kept the balance amount in his bank account for payment to DDA. The case of the petitioner, on the other hand is that since the complainant did not make payment in terms of the demand-cum-allotment letter, delivered to him through Overnight Express Courier on 26.6.2004, the allotment stood automatically cancelled.

(2.) The District Forum having held that the demand-cum-allotment letter stated to be dated 30.6.2004, could not even have been sent on 26.6.2004, allowed the consumer complaint and directed the petitioner to allot one MIG flat in any locality to the complainant at the rates prevalent on the date of the allotment made to him. A sum of Rs.25,000/- was also awarded as compensation to the complainant.

(3.) Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. Vide impugned order dated 20.7.2018 the State Commission directed to the petitioner to allot flat to the complainant at old rate, though the direction for payment of Rs.20,000/- as compensation was set aside. Being still aggrieved, the petitioner is before this Commission by way of this revision petition.