DELHI DEVELOPMENT AUTHORITY Vs. MANGE RAM

JUDGEMENT

(1.) THE Complainant had applied on 14.9.1996 for residential flat under SFS IX Scheme and was allotted Flat No. 185, Category II, Pkt. 1 & 2 in Sector 3, Dwarka, New Delhi vide allotment -cum demand letter No. F - 177(0488)97/SFS -IX/DW/ll/6992 dated 25.4.1997 to 30.4.1997 with direction to pay a sum of Rs. 7,50,171. Along with the application, the Complainant had deposited a sum of Rs. 50,000, which was deposited against the total price of the flat. The said amount of Rs. 7,50,171 was required to be paid within 60 days from the date of issue of the letter and if the payment was not made within 120 days from the date of issue of demand letter, the allotment would stand cancelled automatically. According to the Complainant, he visited the site on 13.5.1997 and found that basic necessities like light/electricity, water, etc. were not provided on the spot and the surroundings were not habitable. The Complainant sent letters to Delhi Development Authority (for short DDA') on the said aspect but no reply was received. DDA vide letter dated 17.11.1997 cancelled the allotment. The Complainant pursued the matter with the authorities and also with Hon'ble Lt. Governor, Delhi after which, restoration of allotment was issued to the Complainant on 26.4.1999 i.e. to say after filing of the complaint. The Complainant failed to make payment of the cost of the flat and the interest. The opposite party again issued letter dated 28.10.1999 to the Complainant for making payment but the Complainant did not make the payment nor furnished documents, as required in the demand letter and as such, the allotment of flat was cancelled.

(2.) THE State Commission vide impugned order dated 23.2.2007 directed the opposite party/DDA to allot a flat to the Complainant if the same was available by raising fresh demand including interest payable, as per rules but with effect from the date of restoration of the application dated 26.4.1999. The order further contemplated that if flat is not available then opposite party shall pay interest @ 12% on the sum of Rs. 50,000 deposited by the Complainant w.e.f. 14.9.1996 till the date of order with cost of Rs. 10,000. This order is the subject matter of appeal before us.

(3.) WE have heard Counsel appearing on both sides.