B L PATNEY AND ORS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Briefly, the facts are that the complainants gave bid for a plot No. A-3/133 measuring 100 sq. yds (20' x 45'), Paschim Vihar in an auction held by the Delhi Development Authority on 4.1.88. Their bid for Rs.2,92,000/- was the highest bid. They deposited Rs.75,000/- as earnest money at the spot. They were informed by the D. D. A. vide letter dated 18.1.88 that their bid had been accepted and the balance amount of the plot be deposited before 18th February, 88. They deposited the balance amount on 17th February, 88.

(2.) Inspite of their repeated requests it is alleged, they were not informed about the date of delivery of the possession. Ultimately, they were directed to take possession on 14.6.88. An officer informed them on that date at the site that the measurement of the plot differed from what had been auctioned and until plan was checked the possession could not be delivered to them.

(3.) In April 89 the complainants were directed to deposit a further sum of Rs.41,594.55 by the D. D. A. as excess money of the area exceeding the area auctioned, within 15 days vide letter dated 26th April, 89. The excess area was 11.91 meters. It is pleaded by the complainants that they deposited the amount on 12th August, 89, though no consent had been obtained from them for alloting excess area. They were again directed to deposit an account of Rs.3,033/- as interest and they also deposited the same on 5.11.89. Ultimately, the possession was given to the complainants on 1.12.89. The complainants have claimed interest on the amounts deposited by them.