NCDRC

NCDRC

FA/25/2011

ASHA SHANKAR - Complainant(s)

Versus

DELHI DEVELOPMENT AUTHORITY - Opp.Party(s)

M/S. K.P. SUNDER RAO & ASSOCIATES

11 Jan 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 25 OF 2011
 
(Against the Order dated 15/09/2010 in Complaint No. 108/2010 of the State Commission Delhi)
1. ASHA SHANKAR
W/O :SH.PRATAP SHANKAR R/O:R-734,NEW RAJINDER NAGAR
NEW DELHI -110060
...........Appellant(s)
Versus 
1. DELHI DEVELOPMENT AUTHORITY
VIKAS SADAN INA
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :
Mr.K.P. Sundra Rao, Advocate
With Ms. A. Subhashini, Advocate
For the Respondent :MS. ARTI BANSAL

Dated : 11 Jan 2013
ORDER

Complainant/Appellant was allotted a Type III flat, Block 22, Pocket-I, Dwarka by the OP-DDA for a consideration of Rs. 6,63,800/-, 90% of which was payable in four installments. Since the Appellant failed to deposit even the first installment of Rs. 1,42,887.20/-, Respondent cancelled the allotment on 16.12.1992. Appellant approached the Respondent on 30.03.1994 for restoration of allotment subject to payment of costs, interest and restoration charges. Thereafter the Respondent came with a policy in March-April 2002 that 50% relief would be given in the interest to the defaulters. Appellant kept on writing letters and ultimately filed the Complaint in the year 2010. State Commission dismissed the complaint as barred by time. We agree with the view taken by the State Commission. The allotment made in favour of the Appellant was cancelled on 16.12.1992 whereas the complaint was filed in the year 2010 which is clearly barred by time. Cause of action arose in the year 1992 and the Complaint could be filed within 2 years of the arising of the cause of action. There is a delay of 18 years in filing the Complaint. No ground for interference is made out. Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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