SURESH KUMAR AGGARWAL Vs. DELHI DEVELOPMENT AUTHORITY
LAWS(DLH)-2007-7-394
HIGH COURT OF DELHI
Decided on July 31,2007

SURESH KUMAR AGGARWAL Appellant
VERSUS
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

- (1.) Aggrieved by the decision of the Delhi Development Authority (DDA) to charge the current cost of 2003 instead of 1999 in respect of a flat allotted to him in Shalimar Bagh, the Petitioner has filed the present writ petition. The Petitioner prays for a writ of mandamus to the DDA to issue an allotment-cum- demand letter at the 1999 cost in respect of a flat in Dwarka which was allotted to him in lieu of the earlier allotment of a flat in Ashok Vihar Phase-IV.
(2.) The Petitioner applied to the DDA under the New Pattern Registration Scheme 1979 (NPRS) for an allotment of an MIG flat. The Petitioner changed his address and informed the DDA accordingly on 12.2.1988. In a draw of lots held in 1988 a flat in Ashok Vihar Phase-IV was allotted to him. Despite noting the change of address, the allotment-cum-demand letter was sent by the DDA to the old address. Once this was brought to the notice of the DDA, the Petitioner's name was included in a draw of lots held on 10.10.1990, and he was allotted a flat in Rohini at the current cost. Since the Petitioner had asked for a flat in Pitampura, Shalimar Bagh or Lawrence Road, he was not inclined to accept the allotment of the flat at Rohini. He, therefore, asked for a change of locality. This was, however, rejected by the DDA by its letter dated 5.3.1993. The allotment of a flat at Rohini also stood cancelled and the Petitioner was informed accordingly by the DDA by its letter dated 23.7.1993.
(3.) When the Petitioner's representation thereafter to the DDA for allotment of a flat did not find favour, he approached the District Consumer Redressal Forum, Delhi(DCRF) with a complaint. By an order dated 20.12.1999, the DCRF held that the cancellation of the allotment made in 1990 was entirely on account of the failure of the DDA, and that it was guilty of deficiency in service. A direction was issued to the DDA to allot a flat if available in favour of the Petitioner in Ashok Vihar Ph-IV or in Lawrence Road or Shalimar Bagh/Pitampura, within a period of thirty days. It was, however, held that "the complaint's contention that the price prevailing at the time of allotment of flat in Ashok Vihar Phase-IV be charged cannot be accepted and as such no order is passed as to the cost of the flat".;


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