DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.1148/07
Smt. Om Wati
D/o Shri Ram Kishan
R/o H.No.6149, Basti Harpul Singh,
Nawab Road, Delhi-110006 …. Complainant
Versus
Delhi Development Authority
Through The Assistant Director,
LIG (Housing),
INA, Vikas Sadan, New Delhi ….Opposite party
Date of Institution : 27.10.07 Date of Order : 26.11.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Briefly stated, the case of the Complainant is that she was allotted LIG flat No.52-C, Block A, LNP vide registration No.12039 under the scheme titled as ‘Ambedkar Avas Yojna’ on 23.03.06 under draw scheme; that as the demand letter was not received by her she visited the OP’s officers who assured her that the same would be received by her at her home very shortly; that instead of receiving the demand letter a notice was received by her thereby cancelling the allotment of flat on 20.07.06 vide OP’s letter No.L-483(367)/06/LNP/375/17.03.07; that the cancellation of the flat was made on the ground of non-payment of premium and non-submission of requisite documents. She was asked to file evidence for making payment of the flat in question till 16.01.2007. The Complainant deposited Rs.1 lac through demand draft vide SBI Challan No.155512 and the said amount was deposited vide receipt No.REC/H/07 dated 21.03.07. However, vide notice dated 05.08.2007 OP cancelled allotment of flat in question. On 03.09.07 she requested the OP to issue the demand letter but all in vain. Till date she has not received any demand letter from the OP. Hence, pleading deficiency in service on the part of OP the Complainant has filed the present complaint for issuing the following directions to the OP:
- Direct the OP to issue demand letter and set aside the notice dated 05.08.07 so that the Complainant can make the entire payment of the flat and get the possession of the aforesaid flat.
OP in the written statement has inter-alia stated that the Complainant vide registration No.12039 had got herself registered for allotment of LIG flat under Ambedkar Avas Yojna by depositing the registration money; the OP issued her a priority No. 7280 against the registration No. She was allotted a flat No. 52, First Floor, Pocket-C, Block, Loknayak Puram through draw held on 23.03.06 on hire purchase basis. The demand–cum-allotment letter was issued to her on 20.07.06 with a request to deposit the amount as per schedule mentioned therein. The last date of depositing the initial amount (with interest) was 16.01.07 and the balance amount was to be deposited in 144 equal monthly installments w.e.f. 10.10.06. Since the Complainant failed to deposit the cost of the flat, a show cause notice was issued to her on 07.03.07. Thereafter she deposited only a part payment of Rs.1 lac vide challan No.15512 dated 21.03.07 and stated that she will make the payment within a month or two. She failed to deposit the balance cost of the flat and submit the requisite documents and, therefore, the allotment of flat was rightly cancelled by the OP on account of non-payment. Thereafter, a cancellation letter was issued to her on 24.09.07 with request to apply for refund of deposited amount by furnishing the requisite documents. It is prayed that the complaint be dismissed.
Complainant has filed a rejoinder. Receipt of demand-cum- allotment letter dated 20.07.06 is denied. However, it is stated that on receipt of the letter dated 07.03.07 (show cause notice) applicant had made the payment of Rs.1,00,000/- on 21.03.2007 but she requested to issue demand notice to her.
No affidavit has been filed in evidence on behalf of the Complainant inspite of the fact that in the order sheet dated 15.05.2008 our predecessors observed that “ if the Complainant fails to file the affidavit in evidence it shall be deemed that they have no evidence to be proved” but, however, in support of the case of the Complainant additional affidavit of the Complainant and also additional affidavit of Ms. Deepa, sister of the Complainant have been filed.
On the other hand, affidavit of Sh. B.B. Kundal, Director (Housing-II) and affidavit of Sh. S. K. Jain Director Housing (II) in evidence have been filed 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 proved that the Complainant was allotted a LIG flat No. 52C, Block A, LNP vide registration No.12039 under the scheme “Ambedkar Avas Yojna” on 23.03.06 and the demand–cum-allotment letter was issued by the OP to the Complainant on 20.07.06 (copy Ex.DW-1/1). The OP has filed a letter received from the Axis Bank dated 21.11.08 (copy Ex.DW-1/5) wherein it is stated that the Blue Dart courier has furnished the details of the dispatch regarding demand letter wherein it was shown that the letter was received by Ms. Deepa (sister) on 21.07.2006 at the given address of the Complainant. According to the deposition of Ms. Deepa, she is the sister of the Complainant and has been residing at the same address. However, according to her she did not receive any letter sent by OP DDA on 21.07.06. Mere denial of receipt of letter is not sufficient when letter Ex. DW1/5 has been written by an independent agency and the name of Ms. Deepa (sister of the Complainant) has been specifically mentioned as recipient of the letter on 21.07.06. Therefore, there is ample evidence on the record to prove that the demand-cum- allotment letter had infact been received by the Complainant. In any case the Complainant did not deposit the entire amount as demanded in show cause notice.the address of the Complainant is correct. The OP vide letter dated 07.03.2007 sent a show cause notice to the Complainant (copy Ex.DW-1/2).
It is evident from the record that demand–cum-allotment letter was received by the Complainant’s sister Deepa on 21.07.06. Hence, the Complainant’s statement that she had not received the demand–cum-allotment letter is not correct. As the Complainant failed to deposit the amount, the OP sent a show cause notice to the Complainant and in the show cause notice it was clearly mentioned that if the Complainant did not deposit the amount with in the specified period the allotment of the flat will be cancelled. Complainant has failed to prove any deficiency in service on the part of OP.
In view of the above discussion, we do not find any merit in the complaint. Accordingly, 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 26 .11.2016.
