DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.137/2014
Sh. SC Dikshit,
E-28 IARI, Pusa Campus,
New Delhi-110012 ….Complainant
Versus
Sh. Vikas Pandey,
Deputy Director, LIG Housing,
DDA Office, D Block, INA
Vikas Sadan,
New Delhi ….Opposite Party
Date of Institution : 04.04.2014
Date of Order : 28.01.2022
Coram:
Ms. Monika A Srivastava, President
Sh. U.K. Tyagi, Member
ORDER
Member: Sh. U.K. Tyagi
In this Complaint, the Complainant has requested for allowing the possession of flat No.1271, LIG, Pocket GH-4, Sector-28, Rohini-Delhi which was allotted to him by a draw of lot on 18.04.11 by the Delhi Development Authority (hereinafter referred as OP) and further allowing the allottee rent @10,000/- per month from the date of possession i.e. 12.07.12 as indicated in letter by the DDA till the decision of respective Commission alongwith compensation of Rs.1,00,000/- for mental harassment etc.
The Complainant has alleged that the allottee was not informed him being the successful drawee of lot but still he submitted the documents in the office of the OP. He deposited on 27.11.12 Rs.11,43,128/- as required for the said flat through HDFC Bank in favour of OP as against the last date i.e. 29.12.11. Further, an amount of Rs.59,725/- was also deposited through SBI on 26.03.12 as a conveyance deed charges as against the last date i.e. 28.03.12. On the receipt of conveyance deed papers on 10.04.12 from the office of Sub-Registrar, the complainant submitted the same on counter of OP on the same date. As per rule/practice the Complainant should have got the possession of the flat on 10.07.12. When he contacted the official/officers of OP, he was told that there are some deficiencies in papers verbally. He wrote a letter asking the OP to indicate the deficiencies in writing vide his letter dated 16.08.12
(Annexures-11,12&13). Under the RTI- the Complainant was told about late submission of conveyance deed papers and hence, of Rs.1500/- was required to be paid.
On the contrary, the OP has maintained that the allottee wa one of successful drawee in the DDA Housing Scheme 2010, held on 18.04.11. He was intimated by OP vide its letter dated 08.06.2011. As per Clause 17 of brochure DDA Housing Scheme-2010 “The allottee shall be entitled to take delivery of possession only after he/she has completed all the formalities-paid all dues and executed all documents as required by demand-cum-allotment letter. The OP maintained that the allottee deposited the requisite amount on 29.12.2011 before due date i.e.28.03.2012 but stamped conveyance deed and other documents were not submitted in time. Therefore, deficiency letter was issued on 06.02.2012. And delay could have been regularized on payment but same amount of Rs.1500/- was not deposited by him. Hence the delay. The OP has also adduced copies of some judgments such as “DDA vs Vijaya C Gurshanay 2003(7) SCC301” and “Kerala Agro vs Bijoy Kumar 2002(3) SCC165” in support of his argument. The ratios of these judgements are no help to the OP as the facts of this case are not similar.
Both the parties have filed evidence by way of affidavits and written arguments. Rejoinder by Complainant and written statement by OP are also on record. Oral arguments heard and concluded.
This Commission has carefully gone through the material advanced before it. The allotment letter dated 12.09.11 informing the Complainant about the allotment requiring completion of conveyance deed within 45 days from the date of issue and payment as per schedule. The Complainant did deposit on 27.12.11 as against the last date 29.12.11. It may be noted that there are four schedules of payment spreading from October to February and accordingly last dates from 29.12.11 to 28.03.12. The element of interest has been calculated accordingly, hence different amounts for different schedules. Challan dates of HDFC Bank carries date of deposition 27.12.11 well before last date 29.12.11 in the particular schedule. However, the OP has not disputed the timely payment but shown the date of deposition i.e. 29.12.11.
The Complainant has contended that he had deposited requisite amount of Rs.59,725/- on 22.03.12 which was received on 26.03.12 in Delhi Development Authority account in SBI Branch, Vikas Sadan. This Commission does not find any delay here, however, there is no prescribed date for the deposition of conveyance fees. But OP maintains that conveyance deed papers etc. were received on 10.04.12 as has been maintained by Complainant. The same is shown to be late but as stated earlier, this Commission could not find the last date of deposition of conveyance Deed fees as well as conveyance Deed papers.
The contention OP relates to deposition of conveyance Deed papers and its fees by few days. As per OP statement, the said delay could be regularized by making payment of Rs.1500/-. Had it been paid by the Complainant, the possession of aforesaid allottee could have been given but the OP has not submitted any document indicating that the procedure of submission of conveyance Deed papers and fees shall be in accordance with laid down procedure. Moreover, this Commission could lay down hands on the allotment letter which certainly states that the conveyance Deed shall be submitted within 45 days from the date of issue. OP has not adduced any document indicating that conveyance Deed papers were submitted on the particular date. Even if this Commission accepts that the conveyance Deed papers were submitted late, then, the OP should not have withheld the possession of the flat in question. When the Complainant had already made the payment of more than rupees 12 lac, then OP should not have stopped the possession of flat for Rs.1500/-. From the perusal of documents submitted by the Complainant, the story of late submission was concocted by official of the OP, just to prove themselves right in holding the possession.
This Commission is of the considered view that the act of the OP squarely falls in the four corner of ‘deficiency in service’ and have committed gross negligence. As such, OP is directed to give the possession of the aforesaid flat immediately within 4 weeks from the date of the order and are further directed to pay Rs.3,000/- month as rent from the 10.07.12 till possession to the Complainant is given failing which Rs.1,00,000/- shall also be given as additionally for delay in handing over possession.
File be consigned to the record room after giving copy of the order to the parties. Order be uploaded on the website.
