CONSUMER DISPUTES REDRESSAL FORUM-II

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

(Behind Qutub Hotel), New Delhi-110016.

Case No. 36/2009

Smt. Bachhi Devi (now deceased)

Through her LRs Sh. Sudershan Manjhi & Ors.       

All R/o  H.No. 483, Income Tax Colony,

New Delhi-110088

Versus

Delhi Development Authority

Through its Vice Chairman

Vikas Sadan, INA, Delhi                                       ……Opposite Party

                                                                                           Date of Institution     :  15.01.2009        Date of Order        :  11.08.2015

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

Briefly stated, the case of the Complainant is that Complainant had applied for registration under the Housing Scheme,1996 and deposited a sum of Rs.15,000/- vide application No.005462 dated 08.10.1996 and she was declared successful in the draw of lots held on 21.03.1997. She waited for allotment of a suitable house and issuance of demand letter by OP but despite several visits and the correspondence the OP did not issue any demand letter. In the month of September, 2001 she received a photocopy of unsigned Show Cause Notice dated 09.08.2001 asking her to show cause as to why the allotment of Type-A, Flat No.286, Sector-B4, Pocket-6, Narela in Expandable Housing Scheme 1996 be not cancelled for breach of terms and conditions i.e. non-payment of the demanded amount and not furnishing the required documents by 15.06.2000 in accordance with the terms and conditions as stipulated under demand-cum- allotment letter dated 12.01.2000. She immediately replied the said Show Cause Notice and informed the OP that she had never received any demand letter and further requested the OP to issue a proper demand letter and also challan but OP failed to reply. Thereafter, she made several visits personally and repeatedly corresponded with the OP vide letters dated 06.10.2003, 08.07.2004, 19.10.2004, 15.02.2005, 26.05.2004, 02.05.2008, 30.06.2008, 13.08.2008 and 26.02.2008 respectively. As no response was received from OP she approached the Vice-Chairman of DDA in Public Hearing [Case No.313].  She was informed vide letter dated F.505(2399) 99/EHS/NA/3451 dated 24.11.2008 that her request could not be acceded to as the flat bearing No.286, Pocket-6, B-4, Gr.1, Type A, Narela had been cancelled due to non payment.  The complainant has further stated she had even requested the OP for allotment for a Jhuggi space in any slum area of Delhi like Shakurpur etc. but OP has not replied. According to her, the action of the OP is illegal, arbitrary and a gross abuse of the power vested in the OP.  She has filed this complaint before this Forum pleading deficiency in service on the part of the OP.  Complainant prayed as under:-

(i).      direct the OP to issue a proper Demand Letter to the Complainant and restore the cancellation of the allotment, if any.

(ii).     or alternatively direct the OP to restore the illegal cancellation of the Flat/House and allot an alternative Flat/House in lieu of the cancelled one.

(iii).    award a sum of Rs.5 lakhs towards mental agony and harassment caused to the Complainant on account of not issuing the Demand Notice, on account of the alleged illegal cancellation of her Allotment and deficient service rendered by the OP.

(iv)     award a sum of Rs.25,000/- towards costs of the present proceedings

OP in its written statement has stated that the Complainant made an application for allotment of a house under Expandable Housing Scheme, 1996 vide application No. 5062.  A draw of lot was held on 21.03.1997 and she was allotted a flat bearing No.286, Sec. B4, Pocket-6, Type-A, Group-1, Narela. A demand-cum-allotment letter was issued on 12.01.2000/20.01.2002 indicating mode of payment 50% of the disposal cost and remaining amount in ten installments of half yearly ( with  interest) and secondly cash down option. In both the cases, the confirmation amount of Rs.15,000/- was to be received on or before 19.02.2000. The demand - cum – allotment letter was sent at the postal address as mentioned by the Complainant in the application form.  The Complainant neither deposited any amount i.e. confirmation money initial deposit/ cost of the flat nor furnished the required documents mentioned in the demand-cum-allotment letter. Accordingly, OP issued show-cause notice dated 09.08.2001 at the permanent address mentioned in the application form to show cause within 15 days. In response she had sent a letter dated 06.10.2003 received on 08.10.2003 i.e. after approximate 26 months through speed post requesting therein for allotment of flat as she was not having any flat for living in Delhi but since the amount demanded against allotment of flat was not received within stipulated period, the allotment was cancelled and conveyed to the Complainant vide letter dated 20.10.2003.  She made a request dated 27.05.2004 i.e. after a period of approximately 15 months from the date of last request and approximately 8 months after cancellation of allotment and met the Director (Housing) during Public Hearing on 08.07.2004 with a request to issue demand letter, as she had not received any challan or demand letter. She made request on 19.10.2004 and met Principal Commissioner in Public Hearing on 03.03.2005. On the directions the then Pr. Commissioner the case was examined and put up before the competent authority with the facts of the case.   OP has further stated that the specific flat after cancellation was allotted to one of the Punjab Migrants under the Punjab Migrant Scheme. A regret letter was sent to the Complainant on 25.05.2005 and in response requests from Complainant were received on 14.02.2005, 04.07.2005 and 26.02.2008. She again made a request to the Vice-Chairman of OP on 30.06.2008 and 13.08.2008 and thereafter appeared in VC’s public hearing on 03.09.2008 and  directions was given to ascertain the facts whether the letter of the allotment was sent at the address given by the Complainant so that she could get the relief. The fact that allotment letter was put up before the competent authority and accordingly a regret letter was sent to the Complainant on 21.11.2008. OP has prayed to dismiss the complaint with an exemplary costs.

Complainant has filed rejoinder to the written statement submitted by the OP.  It is stated as hereunder:

“Contents of brief facts of the preliminary objections are admitted to the extent that the complainant was a successful allaottee in the draw of lots held by the respondent.,  It is denied that any demand letter was sent to the complainant at the address given in the application form.  As perusal of the demand letter issued by the respondent as adduced for the first time to the reply reveals that the same does not bear the address of the complainant.  The same was sent the demand letter at a wrong address and thereby deprived the complainant of her lawful allotment to a flat.  The act  of the respondent in sending the demand letter at an entirely wrong address is a deliberate attempt and nefarious design indulged by the respondents officials to deprive gullible masses like the complaint of their lawful allotment.  The address given by the complainant in the application form is as under:-

Smt. Bachhi Devi,

483, Income Tax Colony, Post Office Pitam Pura,

Uttri Pitam Pura, New Delhi – 110088.

Whereas the demand letter now placed on record shows that the same was sent on an entirely wrong address as under:

Bachhi Devi,

Post Office Pitam Pura,

New Delhi – 110034.

It is, therefore, clear that the allotment of the complaint cannot be cancelled unless the demand letter has been properly issued at the address given in the application form.  The issuance of show cause notice of cancellation etc. are of no consequence  as the demand letter has never been sent to the complainant.  Even the show cause notice sent by the respondent is unsigned and does not bear the signatures of an authorized official”

 Complainant has filed her own affidavit in evidence while affidavit of Ms. Neelam Chadha, Director (H)-II and additional affidavit in evidence of Sh. S. K. Jain, Director  (H)-1 of OP  have been filed on behalf of the OP.

Written arguments have been filed on behalf of the parties. We have the heard the arguments on behalf of the parties and have also gone through the file carefully.

We straightaway, come to the question, whether the allotment-cum-demand letter had been sent to the complainant at her correct address, and if so, whether the cancellation of the  flat allotted to the Complainant by the OP was justified and, hence, the Complainant is not entitled to any relief?

Copy of the application form bearing no. 005062 of the complainant Smt. Bachhi Devi has been placed on record wherein she had given her postal address for correspondence as “Post Office Pretem Pura, New Delhi – 110034  and permanent address as  H.No. 483, Income Tax Colony, Uttri Pretem Pura, New Delhi – 110034.  Thus, address of the late complainant for correspondence had been given as Pitam Pura Post Office.  Documents filed on the record on behalf of the parties show that the allotment-cum-demand letter (copy Exh. RW1/6) had been sent to the complainant at the address of Post Office Pitam Pura, New Delhi – 110034.  Therefore, the demand-cum-allotment letter had been sent to the complainant at her postal correspondence address.  There is no material on the record which may even show that the said letter had not reached its destination or had been received back undelivered in the office of the DDA.  Therefore, we are not inclined to believe that the said letter had not been sent by the DDA or not received by the complainant.  Therefore, in our considered opinion, there was no need for the OP DDA to send the copy of the allotment-cum-allotment letter to the complainant at her permanent address.

In the rejoinder to the written statement, the complainant has stated that the address mentioned in the allotment-cum-demand letter was entirely wrong and her address i.e. 483, Income Tax Colony, Post Office Pitam Pura, Uttri Pitam Pura, New Delhi – 110088 was her correct address.  This is against the record.  The said fact has been discussed hereinabove and, therefore, need no repetition.  In the replication the Pin Code of the permanent address has been given as 110088 whereas the Pin Code in the application form has been given as 110034.  Here also, the complainant has tried to mould the facts by giving two different Pin Code numbers of her  permanent address.  Therefore, we hold that the demand-cum-allotment letter had in fact been delivered to the complainant at her correspondence address but she did not comply with it by not paying the instalments in time and, hence, cancellation of the flat No. 286, Pkt 6, B-4, Gr.I, Type-A, Narela in Expandable Housing Scheme 1996 was legal after serving show-cause notice dated 9.8.2001 (copy Exh. RW1/5).

In the facts and circumstances of the case, judgments relied upon by the complainant and reported as Dev Raj Vs. DDA, 208 (2014) DLT 386 (DB) and Suman Choudhry Vs DDA, 213 (2014) DLT 229 do not apply to the special facts and circumstances of the present case.

In view of the above discussion, we come to the conclusion that the OP did not commit any deficiency in service.  We dismiss the complaint with no order as to costs.

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 11.08.15.