Decided on February 28,2006

A.K.Sharma (Lt.Col.) Appellant


J.D.KAPOOR,J - (1.) COMPLAINANT is an army officer. He applied for allotment of a flat under Self Financing Scheme No. 5 in Vasant Kunj and deposited a sum of Rs. 15,000 on 7th July, 1982. On having been allotted flat he was required to deposit a total estimated cost of Rs. 2,55,000 by way of instalments. The last payment was payable by 15th February, 1986 wheras the complainant deposited half of the amount of instalment on 26th May, 1986 and thereafter balance amount of Rs. 26,000 deposited on 26th December 1986. On account of delay in the payment of last instalment name of the complainant was not included in the draw of lot for allocating particular number of flats. There was a mini draw and accordingly the O.P. informed him that a flat in Kishan Garh was available for allotment but complainant insisted for allotment at Vasant Kunj and accordingly allotment letter for flat in Visant Kunj was issued on 6th March 1991 and the balance amount towards cost of the flat was deposited by the complainant on 6th November, 1992. Possession letter was issued on 31st December, 1992 and possession was given on 21st March, 1993.
(2.) THROUGH this complaint the complainant has asked for the following reliefs: (a) Direct the O.P. to refund a sum of Rs. 3,78,569.10 with interest @ 18% p.a. deposited by the complainant from the date of deposit to the realisation of the amount. (b) Direct the O.P. to pay interest at the rate of 18% p.a. on Rs. 2,34,525 from July 1984 to 27.3.1993. (c) To compensate the complainant for causing mental agony and torture to the tune of Rs. 1,50,000. (d) Award the cost of the complaint in favour of the complainant.
(3.) THE amount paid by the complainant towards second allotment was Rs. 3,78,569. However, on factual matrix the complainant has disputed the version of O.P. and has come out with the following. According to the complainant vide letter dated 4th February, 1997 complainant was reconfirmed about the flat at first floor, Pocket B, Vasant Kunj which was much later than the so -called delayed payment made on 16th December, 1986 and once having reconfirmed the allotment the question of cancellation of allotment did not arise. ;

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