CC/287/2016

No. DF/ Central/

MOHIT ARORA, S/O SH. DEEPAK ARORA, R/O 1227 MAHAL SARAI, KASHMERE GATE DELHI -110006

                                                                                                              ... COMPLAINANT

                                                                 V/S

1.      ASSISTANT DIRECTOR (HOUSING) SLUM & J.J. DEPARTMENT (SLUM WING) DDA NEW DELHI

2.      DELHI URBAN SHELTER IMPROVEMENT BOARD, PUNARVAS BHAWAN, I.P. ESTATE, NEW DELHI -110002                                                                                                

   ... OPPOSITE PARTY

Quorum: Mohd. Anwar Alam, President

            Vikram Kumar Dabas, Member

                 Manju Bala Sharma , Member

                                    ORDER                               Dated:  07-09-2016

Mohd. Anwar Alam, President

1. Complainant filed this complaint on 5-8-2016 and alleged that his late mother got herself registered under the residential flats registration scheme for Slum Dewellers and others- 1985 of the Slum Wing DelhiDevelopment Authority and deposited Rs. 3,000/- vide challan dated 26.12.1985.   She died on 11.02.1998  so her son made an application for the change of address and  name on 26.12.2000.  Complainant has given representations so many times to the OP for knowing the status of the allotment but no satisfactorily reply was given. So he filed an appeal before the vice chairman and thereafter appellate authority given reply with instructions to go before the Consumer Court. Hence he filed this complaint.  It is  prayed that OP be directed to allot the flat in the name of the complainant and to pay compensation for harassment and cost of litigation. 

2. Heard on the maintainability of the complaint and perused complaint.

3.In the present complaint complainant did not disclose the registration number of OP given to his mother. It is true that complainant’s mother deposited Rs 3,000/-   vide challan dated 26.12.1985 to the OP and an acknowledgement receipt was given by the OP on 26.12.1985 but it relates to the application for registration. There is no allegation in the complaint that complainant’s mother who died on 11-2-1998 tried for registration of her name with the OP.  Mere, acknowledgement of the OP regarding filing of an application under the Residential Flat RegistrationScheme 1985 cannot be treated as registration of the complainant’s mother in the scheme of OP .Mere filing of an application dated 26.12.2000 by the complainant to the OP for the change of address is not suffice to prove the change of  address in favour of the complainant.  There is no document on the file regarding representation of complainant to the OP. As consumer dispute barred on the application dated 26.12.1985 by complainant’s mother, therefore, it is time barred.  It is pertinent to mention herein that no specific date isw alleged in complaint to clarify that when cause of action arose to the complainant regarding the dispute.

4. In the above facts and circumstances we are of the opinion that this complaint is time barred and not maintainable under U/s 24 A the Consumer Protection Act, 1986 hence dismissed however,  with liberty to the complainant to pursue his remedy before Competent Court/ Tribunal having jurisdiction in this matter.File be consigned to record room.

Announced on this ……………..