DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.255/2008
Sh. Jagdish Singh (Senior Citizen)
S/o Sh. Suraj Singh 72 years
R/o G-284, Preet Vihar,
Delhi-110092
….Complainant
Versus
Delhi Development Authority
through its Vice-Chairman
Vikas Sadan,
New Delhi
……Opposite Party
Date of Institution : 21.04.08 Date of Order : 18.02.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Complainant’s case, in short, is that he had registered for a MIG flat in NPRS, 1979 Housing Scheme vide acknowledgement No.221936 and he was issued certificate of registration No.43936 dated 24.06.1980 in General Category and allotted priority No. 32792.
At the time of registration he was residing at H. No. 4659, Gali Paswan, Charkhe Walan, Delhi-110006. He shifted his residence from Charkhe Walan to H.No. 2848, Kucha Challan, Gali Balistan, Darya Ganj, Delhi and informed the OP accordingly which was duly received by the OP on 28.03.1984. He again shifted his residence from Darya Ganj to Flat No.A-104, Vardhman Apartments, Mayur Vihar, Phase-I, Delhi-110091. He duly informed the OP on 28.03.03 and was duly acknowledged in the office of the OP. On 24.07.03 he informed the OP to send all the correspondence to him at the change address which was also duly received by the OP. It is submitted that as no information was received from the OP about his priority and allotment, he visited the OP office several times. On 28.07.05 he came to know about the allotment of MIG flat in his name at Rohini in the year 2002. He requested the OP on 01.08.05 regarding receipt of no information. The OP vide letter dated 24.08.06 informed him that his file was not available with them and they could not inform as to at which address the demand-cum- allotment letter was sent. He supplied copies of all the relevant record to the OP and sought information under the RTI Act. The OP vide letter dated 30.06.06 informed that an MIG flat No. 87, Sector-24, Pocket-IV, 3rd Floor, Rohini was allotted to him in the draw held on 31.05.02 and the demand-cum- allotment letter was sent to him at the then available address. OP further informed that due to non- compliance of the said demand-cum- allotment letter the same was cancelled. It is submitted that he had made several visits to the OP but to no avail. Hence, pleading deficiency in service on the part of OP the complainant has filed the present complaint for seeking the following reliefs:-
- Direct the OP to allot a MIG flat of equal specifications and price as provided in NPRS-1979 Housing Scheme,
- Direct the OP to pay damages to the tune of Rs.5 lakhs to the complainant,
- Direct the OP to pay the cost of the present complaint to the complainant.
In the written statement OP has inter-alia stated that the complainant vide application No.221936 dated 29.09.1997 had got himself registered for the allotment of MIG flat under NPRS scheme, 1979. The complainant’s letter was received on 28.03.2000 thereby giving the intimation of his changed address at Mayur Vihar i.e. the last available address at the time of allotment. The complainant was declared successful for the allotment of MIG flat No.87, 3rd Floor, Sector-24, Pocket-4, Group-II, Rohini through the computerized draw held on 31.05.2002 on hire purchase basis. The demand-cum- allotment letter dated 25.06.2002-05.07.2002 was issued to the complainant to deposit the cost of the flat but the demand letter was returned undelivered with the postal remarks “no such person at this address” at the Mayur Vihar address of the complainant. The OP had given a notice in the leading newspapers on 17.10.02 for those NPRS and AAY registrants, whose priority nos. were covered upto 31.07.02, to collect their un-delivered demand letters within 15 days of publication of the notice, failing which the action for cancellation of the allotment would be taken without any further intimation. However, the complainant failed to respond to the above said press notice. Therefore, the allotment of the flat in question stood cancelled on account of non-payment/non-response. After the cancellation of the allotment, the same was re-allotted to the next wait listed person. It is submitted that the MIG Scheme under the NPRS, 1979 and Ambedkar Awas Yojna, 1989 have since been closed after giving vide publication in the leading newspapers. Therefore, the complainant is now entitled only for refund of the registration money after furnishing all the original/relevant documents. It is submitted that upon receipt of the RTI application from the complainant, the same was examined and duly replied vide letter dated 30.06.06. It is submitted that the complaint is false, frivolous and misleading. OP has prayed for dismissal of the complaint.
In the rejoinder the complainant has inter-alia stated that the OP has cleverly suppressed the fact that the complainant vide letter dated 24.07.03 had informed the OP regarding change of address from Mayur Vihar to Preet Vihar. The letter dated 24.07.2003 was duly received by the OP. Despite having received the letter regarding change of address the OP continued to send the communication at the old address. As no information regarding allotment of the flat was sent to him at the latest address, he was not in a position to deposit the demanded amount and as a normal prudent person, he had no information about the allotment and subsequent cancellation and closure of the scheme.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. O.P. Gupta Director, (H) (I) 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.
It is not in dispute that the complainant had registered for a MIG flat in NPRS, 1979 Housing Scheme vide acknowledgement No.221936 and he was issued certificate of registration No.43936 dated 24.06.1980 in General Category and allotted priority No. 32792. The OP vide letter dated 25.06.2002-05.07.02 (copy Ex. DW-1/6) issued a allotment letter to the complainant on the address of 2848, Kucha Challan, Gali Balistan, Darya Ganj, Delhi. However, the address of Flat No.A-104, Mayur Vihar. Phase-I, New Delhi has been written in hand. The letter was sent through Speed Post (copy Annexure DW-1/2). The same contains the name of the complainant and address as Flat No.A-104, Mayur Vihar Phase-I, New Delhi. The same was returned back with the report “ No Such Person At this Address”. Copy of the returned envelope containing the above remarks is Ex.DW-1/3. The authenticity of the above document is not disputed. Even otherwise, we proceed on the assumption that the demand-cum- allotment letter dated 25.06.2002- 04.07.2002 (copy Ex. DW-1/6) had infact been sent to the complainant on the hand written address. On a closed scrutiny of the file, we find that the OP had sent this notice to the complainant on incomplete address. Admittedly on the date of issue of the above demand-cum- allotment letter the complainant’s recorded address was Flat No.A-104, Vardman Apartments, Mayur Vihar, Phase-I, New Delhi. However, OP did not mention the words “Vardman Apartments” in the notice on the postal envelope. Therefore, the notice was bound to be received back undelivered for many reasons including the reason mentioned on the returned envelope by the postal authority. It is a matter of common knowledge that the Govt. of NCT of Delhi had/has countless multistoreyed societies throughout Delhi and each society has different blocks and assign particular numbers to the flats block wise. Therefore, unless the name of the Society or the Apartments is written in the address, the letter/notice can be delivered nowhere. Hence, we hold that the OP did not send the demand-cum- allotment letter to the complainant in the eyes of the law. Publication of notice in the newspaper does not tantamount to service of notice on a particular allottee. Hence, the same does not amount to service of demand-cum- allotment letter upon the complainant.
In our considered opinion, the judgment in Sunil Bharti V/s Delhi Development Authority SLP (Civil) No.30208/09 decided on 06.07.10 by the Hon’ble Supreme Court of India is not applicable to the facts of the present case inasmuch as in the present case wrong address of the complainant had infact been mentioned in demand-cum- allotment letter as well as on the envelope containing. SLP No.3208 arose from the judgment and order dated 13.08.09 in R.P. No.800/09 of National Commission which has been dismissed and wherein it was held that “ publication of notice in the newspaper was a last nail in the coffin. Added to this, we further find that the respondent’s case altogether stands on a different footing which fails to impress us. Even though notice was published in the newspaper on 20.02.2001 and cancellation of allotment was communicated to the respondent on 21.08.2002 which was duly received by him, the respondent chose to sleep over the matter instead of agitating the issue before the concerned authority.” Suffice it to say that the judgments in Poonam Verma V/s Delhi Development Authority, Civil Appeal No.5874 of 07 decided on 13.12.07 by Hon’ble Supreme Court of India and R.P. No.3791/12 - Delhi Development Authority V/s Sh. Surinder Singh decided by the National Commission in May, 2013 do not apply to the present case because the complainant before us has never made any demand for change of the category of flat.
In view of the above discussion, we allow the complaint and direct the OP to allot a flat in the MIG category of equal specification in the same area or nearby as provided in NPRS, 1979 Housing Scheme to the complainant.
As per the demand-cum- allotment letter the total price of the flat to be paid by the complainant was Rs.10,21,500/- out of which the complainant had made the initial deposit of Rs.5,23,500.00 and the remaining amount was repayable till 19.09.2002 with total amount of Rs.5,88,978.48p. The complainant has enjoyed the fruits of the said amount from 2002 till the date of this said order. Therefore, the OP is entitled to receive Rs.5,88,978.48p alongwith upto date interest @ 4% p.a. from 25.06.2002 till the date of this order. The OP shall issue demand-cum- allotment letter to the complainant after calculating the above stated amount within a period of 90 days from the date of receipt of copy of this order and the complainant shall deposit the whole amount in lumpsum with the OP. Further proceedings shall commence as per the relevant rules. We also award compensation of Rs.20,000/- towards mental pain and agony to the complainant. In case, the OP does not comply with this order the complainant shall be entitled to execute the said order through the process of this Forum.
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 18.02.17.
