Decided on February 21,2006



J.D.KAPOOR, J - (1.) 'On account of the allegedinaction and deficiency in service on the part of the Opposite Party -Delhi Development Authority (DDA) resulting in the increase in the cost of the flat allotted to the complainant, complainant has through this complaint demanded refund of the excess amount of Rs. 4,31,240 with interest besides litigation expenses of Rs. 10,000.
(2.) RELEVANT facts lie in a moderate compass and are like this. The O.P. -DDA by its Notification in July 1992 invited applications from those registrants of semi -finished flats who were to retire by 31st December 1993, for semi -finished flats in order to provide those registrants a suitable accommodation in Delhi, prior to their retirement. The complainant was to retire in May 1993. In pursuance of the application of the complainant he was allotted Flat No. D -172, Ground Floor, Category III, Pocket D at Sarita Vihar, New Delhi for a total cost of Rs. 6,83,150 inclusive of Rs. 1,500 which was deposited by him in the year 1985.
(3.) THIS intimation was provided to the complainant by letter No. 128(164)/92/SFS/SV/111 dated 11th August, 1992. It was further stated in that letter that he was to deposit the due amount within 60 days from the date of issue of the letter dated 10th August, 1992, failing which he was liable to pay interest @ 12% per annum for the first month and 18% per annum for the subsequent months and on expiry of 120 days the allotment shall be automatically cancelled. Since the O.P. has increased the price without any basis and without there being so much actual increase in the cost, the complainant had no other option but to pay/deposit the demanded amount as he was in dire need of accommodation. As the amount was on higher side, and could not be arranged in such short period, the complainant through his letter dated 2nd September 1992 requested to the Member (Finance), DDA for extension of time for payment of the due amount. He further asked that he may be given time to deposit the due amount by the first week of June 1993 without any interest. As there was no response from the DDA, the complainant by taking loans from all available source, paid the due amount on 4th December, 1992, i.e., Rs. 6,70,000.;

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