DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.445/2009
Sh. Jahangir Khan
S/o Late Sh. Munib Khan
R/o H.No.1123/58, Gandhi Nagar,
Multani Mohalla, Geeta Colony,
Delhi-110031 ….Complainant
Versus
1. Delhi Development Authority
Housing (Janta) ‘D’ Block, 2nd Floor,
Vikas Sadan, I.N.A.
New Delhi-110023
2. Assistant Director
Housing (Janta) ‘D’ Block 2nd Floor,
Vikas Sadan, I.N.A.
New Delhi-110023 ……Opposite Parties
Date of Institution : 02.06.09 Date of Order : 08.07.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
S.S. Fonia, Member
O R D E R
Briefly stated, the case of the Complainant is that the Complainant had applied with the OPs under the Janta Housing Registration Scheme, 1996 and got filled up the application form from his colleague “under the Category of ST/OBC - marked a ‘Tick’ under appropriate box of SC/ST at Sr. No.6 of the Application Form No. 01098” (copy of the application form is annexure-1). The Complainant was declared successful under the aforesaid scheme and a demand letter dated 22.03.05 was issued directing him to make the payment including interest upto 18.09.05 for allotment of Janta flat
No. 109, Sector A-5, Pocket-1 on cash down basis. He further states that he being ST/OBC community was surprised to see the demand letter directing him to make the payment on the cash down basis inspite of specific provision made for such type of categories on hire purchase basis under clause 14(i) of mode of payment and 14 (ii) of Janta Housing Registration Scheme, 1996. The Complainant tried to convince the OPs’ concerned authority to convert mode of payment from cash down to hire purchase basis but his request was not considered by the OPs and a notice was issued to him vide letter dated 03.02.06 as to why the allotted flat should not be cancelled due to non payment of the outstanding dues. He further alleges that the OPs cancelled the allotment of the flat vide letter dated 20.03.06 and asked him to apply for refund of the registration amount. The Complainant further states that after obtaining Backward Caste Certificate from the competent authority he again requested the OPs vide letter dated 01.02.07 to reconsider his request for restoration and for change of mode of payment but the same was turned down by the OPs on the main ground that it was not permissible under the policy at this belated stage and flat was not vacant. The Complainant finally issued a legal notice to the OPs on 16.11.08 for examining his case under SC/ST & OBC category (copy of the legal notice is Annexure-X). The OP is alleged to have rejected the request of the Complainant on the ground that Caste Certificate dated 30.12.06 by the competent authority was for OBC and not for SC/ST category (Copy annexure-XI). Feeling aggrieved, he has invoked the jurisdiction of this forum praying for restoration of the allotment of the Janta flat in Narela in the Janta Housing Scheme, 1996 under SC/ST/OBC category under hire purchase scheme, to restrain the officials of the OPs to allot the flat 109, SF, A-5, Pocket-1, Narela, Delhi till the final decision is taken by the Forum and also to direct the OPs to pay the adequate cost of filing and pursing the case at various stages and causing mental agony for such a long time to the Complainant being an applicant of the backward class.
OPs have filed their written statement. It is submitted that column No.6 of the application form does not find any tick mark and, therefore, it was treated that the Complainant did not belong to any reserved category. Denying the factum that the Complainant filled up the form under category ST/OBC and marked ticked under the appropriate box SC/ST at Sr. no. 6 of the application, the OPs have not denied allotment of flat No. 109, Sector A-5, Narela, New Delhi but have stated that in the demand–cum-allotment letter as filed by the Complainant schedule of payment was given to him and the Complainant had to make the payment of the demanded amount as per the schedule contained in the demand–cum-allotment letter failing which there was automatic cancellation of registration and allotment. It is stated that the allotment of the flat in question was cancelled on account of non making of payment. Other averments are denied. OPs have prayed for dismissal of the Complainant.
Complainant has filed rejoinder to the written statement of OPs reiterating the averments made in the complaint but not specifically denying that the column No.6 of Application Form No.01098 had been left blank by him.
Complainant has filed his own affidavit in evidence while affidavit of Ms Varsha Sinha, Director (H-II) has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
We straightaway advert to the issue, whether the relief is admissible to the Complainant as prayed for?
We have carefully examined the documentary evidence germane to the complaint and we find that as per Ex.R-1 there is no reservation for ST/OBC but reservation is only available for persons belonging to SC/ST, widows, physically handicapped and Ex-servicemen as per para 3 of the brochure. As per Ex. CW1/2 of the application form No.01098 the applicant at column No. 6 has not ticked any category against the various categories. Therefore, the claim of the Complainant is misconceived. The Complainant has submitted application dated 01.02.07 vide Annexure-7 of his complaint claiming to be ST whereas as per the certificate issued by competent authority vide No. 5411 dated 30.12.06 he is certified as belonging to OBC (Atyant Pichadi Jaati). Copy is Ex. CW1/1 wherein the name of the applicant has been mentioned as Jahangir Alam S/o Monib Miya. Therefore, the claim of the Complainant that he belongs to ST community is false. As per clause 14 (i) of the brochure the hire purchase scheme is only applicable for the categories for whom the reservations have been provided as per clause 3 of the brochure wherein no reservation is available for OBC category. Since the Complainant does not belong to SC/ST category, it does not lie in his mouth to claim the benefit of hire purchase scheme. More so, as per the contract, the allotment automatically lapses on expiry of due date of payment to the OPs.
In view of above discussion, the complaint fails and we are constrained to dismiss the complaint with no order as to costs. Though the Complainant has made false allegations against the OPs, yet in view of seemingly weaker financial position of the Complainant, we do not wish to impose any exemplary cost upon the Complainant. However, by this order we do censure the Complainant to refrain from making false allegations against the OPs.
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.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
Announced on 08.07.16.
