Decided on September 01,2006



- (1.) COMPLAINANT through this complaint has sought following reliefs on account of deficiency in service on the part of opposite party -DDA in not informing her about the original allotment of a flat in Vasant Kunj in the year 1983 and suddenly in the year 1994 she was informed about the allocation of a flat in Dwarka which she declined to accept : (i) Allotment of apartment in Vasant Kunj equivalent to the one allotted to me in 1983 in all respects like value, amount, size, importance and situation etc. on the rates and procedure as was fixed by O.P. in 1983. (ii) Compensation of Rs. 50,000 be awarded to the complainant for pain and mental agony and harassment caused by O.P. by adopting trade practice. (iii) Cost of Rs. 10,000 of this complaint may also be awarded to the complainant.
(2.) THE case of the complainant in brief is that she applied for allotment of a flat in Vasant Kunj area with the O.P. in the year 1982 in Category III in Fifth Self Financing Scheme and deposited Rs. 15,000 vide receipt No. 10520 dated 13.8.1982. The price quoted was Rs. 2,31,000 to Rs. 2,63,000. She sent reminder after reminder and frequently visited the office of the O.P. for allotment of a flat in Vasant Kunj but there was no response from the O.P. s side and then she sent a legal notice to the O.P. as she was not informed about the status of her application.
(3.) THAT O.P. in its letter No. 174 (844)/94/SFS/DW/III dated 1.2.1996 asked the complainant to submit copies of the cancellation letter and other relevant documents of File No. 126 (3142/83/SFS/VK/III. After going through this letter, she got suspicious and smelled of some foul play about the allotment of flat to her -complainant and she personally enquired and learnt from the office of O.P. that name of the complainant had been deleted and substituted by the name of some Mr. Suresh Chander by hand afterwards in the register maintained in their office. That she was also shocked to know that File No. 126(3142)/83/SFS/VK/III through which the flat No. 4128 Pocket No. 4 in Vasant Kunj had been allotted to her in the year 1983 was missing. In response to her several complaints, she ultimately was offered a flat in Dwarka on payment of Rs. 7,73,500 which she refused to accept as she was not in a position to pay this huge sum against the original price of flat in Vasant Kunj for Rs. 2,31,000 and accordingly she refused to accept this offer and requested for refund of initial deposit vide letter dated 7.6.1992. At this stage, she was informed by the O.P. for the first time that she had been allotted a flat in the year 1983 but the intimation at correct address could not be sent to her. Another relevant fact pointed out by O.P. is that in the year 1985, the O.P. had prepared their allotment chart as per their records where the complainant had been shown successful for allotment of a flat in Vasant Kunj and this shows the mischief played by the lower functionaries of the DDA but according to the O.P. this was a mistaken entry as name of the complainant was not in the list of draw of lots held for allotment of flats in Vasant Kunj area and a wrong entry was made in the chart prepared in the year 1985.;

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