DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.84/2011

Shri Zubair Ahmed

S/o Shri Sartaj Ahmad

R/o D-169, Gali No.4,

Noor-A-LLahi, Yamuna Vihar,

Delhi -110053                                                              ….Complainant

Versus

Delhi Development Authority

Through its Vice Chairman

Housing Department, D Block,

Vikas Sadan, INA New Delhi-110023                    ….Opposite Parties

                                                Date of Institution        :10.03.11            Date of Order                : 16.04.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

Briefly put the case of the complainant is that

1. The complainant, Zubair Ahmed had applied for a flat under the Housing Scheme, 2008 of DDA hereinafter referred to as OP and paid the prescribed registration fee for a sum of Rs.1,50,000/- vide DD No. 6885069279 dated 11.09.2008. Draw of lots was held as per the scheduled on 16.12.2008 wherein the complainant’s name did not come in the draw.
2. As per the scheme if the complainant’s name does not come in the draw of lots his registration money is be returned back.
3. It is alleged that despite several visits to the office of the OP, the said registration fee i.e. Rs.1,50,000/- was not returned back to the complainant till date.  
4. Aggrieved and dissatisfied, the complainant approached this Forum with the prayer to direct OP to return the registration amount of Rs.1,50,000/- along with interest @ 24% per annum. Additionally it is prayed that compensation of Rs.10,00,000/- for mental and physical harassment and Rs.5,500/- towards cost of the litigation be awarded to him.

2.      OP resisted the complaint inter-alia on the ground that the OP neither received the application No. 0872619 from the complainant nor any registration money under DDA housing scheme 2008 was received. OP submits that all the applications under DDA Housing Scheme 2008 were received from authorized banks. Since on the photocopy of the registration application, there was a stamp of Axis Bank. Therefore, a report from Axis Bank by the Financing Wing (Housing DDA) was obtained vide letter dated 29.09.2011. In response thereto the Axis Bank vide letter dated 10.10.2011 has confirmed that no application No. 0872619 of Zubair Ahmed in DDA Housing Scheme 2008 was received. Copy of the letter dated 29.09.2011 and the reply from Axis Bank dated 10.10.2011 is annexed as Annexure-A and Annexure-B respectively.

2.1    It is further stated that since neither any registration application nor registration money was received from the complainant under DDA Housing Scheme 2008, therefore, question of refund of registration money by OP does not arise at all. In view of these circumstances, OP has prayed that the complaint be dismissed with cost being false, frivolous and vexatious.

3.      Rejoinder and evidence by way of affidavit has been filed by the complainant reiterating all the averments made in the complaint. Affidavit of Shri A.K. Bisht, Director (H/II) DDA has been filed in evidence on behalf of OP.

4.      Written arguments have been filed on behalf of the parties.

5.      Arguments on behalf of the parties are heard and record perused very carefully.

6.      We have gone through the pleadings and evidence on record. Complainant has miserably failed to establish his case. OP has annexed letters dated 29.09.2011 and 10.10.2011 as Annexure-A and Annexure-B respectively wherein Axis Bank has very clearly stated that as per their record they had not received the application No. 0872619 of Zubair Ahmad in DDA Housing Scheme 2008.

7.      Complainant has chosen not to file the rejoinder and rebut the fact whether he had actually paid the registration fee to the OP or not. Instead the complainant in his evidence by way of affidavit has annexed the refund of registration money of one Ms. Babita as Annexure-4 stating that the complainant and Ms. Babita had filed the application together and her money was refunded back but he did not receive the refund.

8.      The above stated fact holds no relevance to the present case as nowhere in his pleadings, the complainant has provided any credible evidence regarding the proof of payment of registration fee to the bank or OP.

9.      In view of the circumstances above, this forum is of the opinion that the complaint is false and frivolous. Therefore, we dismiss the complaint with cost of Rs.5,000/- to be paid to the OP within one month of receipt of copy this order, failing which complainant shall become liable to pay interest @ 10% p.a. on the amount of Rs.5,000/- from the date of filing of the complaint till realization.

          Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 16.04.19