RAJ KUMAR Vs. COMMISSION (HOUSINGH LIG), DDA AND ANR
LAWS(DLH)-2018-8-404
HIGH COURT OF DELHI
Decided on August 07,2018

RAJ KUMAR Appellant
VERSUS
Commission (Housingh Lig), Dda And Anr Respondents

JUDGEMENT

Siddharth Mridul, J. - (1.) C.M. No.31649/2018 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 8260/2018 The present writ petition under Article 226 of the Constitution of India, prays as follows: "b) direct the respondents to cancel/withdraw the cancellation letter dated 20.02.2004 and refund letter dated 11.03.2004 whereby the respondents had cancelled the allotment in favour of the appellants. c) direct the respondents to issue a fresh demandcum-allotment letter to the appellant for a flat in the same location and of the same value as the previously allotted flat."
(2.) A plain reading of prayer clause (b) extracted hereinabove, leaves no manner of doubt that, the action of the DDA impugned in the present proceedings, is in relation to a cancellation letter issued on 20.02.2004 and refund letter issued on 11.03.2004, whereby they had cancelled the allotment of the subject flat, made in favour of the petitioner's deceased mother.
(3.) Upon a perusal of the petition paper book, it emerges that the petitioner had earlier instituted a consumer complaint being case No.45/2012, titled as 'Sh. Raj Kumar vs. The Commissioner (Housing LIG) & Anr." dated 03.02.2012, before the District Consumer Disputes Redressal Forum-II, New Delhi-110016 (hereinafter referred to as 'Consumer Court'), which was rejected by the judicial authority vide order dated 15.05.2017, on the solitary ground that the same is "highly time barred".;


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