DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
UDYOG SADAN, C-22 & 23, QUTUB INSTITUTIONAL AREA
(BEHIND QUTUB HOTEL) : NEW DELHI – 110016.
Case No. 602/07
Smt. Sushma Singh,
W/o Sh. S.P. Singh,
R/o WZ-917/6, Nangal Rai,
New Delhi-110046. - Complainant
Vs
Delhi Development Authority (DDA),
Through its Vice Chairman,
Vikas Sadan, INA,,
New Delhi - 110023. - Opposite Party
Date of Institution: 18.5.2007
Date of decision: 28.11.2015
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Complainant’s case, in nutshell, is that in pursuance of her application for a Janta Flat under JHRS 1996 vide registration No. 11740, she was allotted Priority No. 16226 and subsequent to the draw, the OP raised a demand vide letter No. 12313 dated 10.4.2002 pursuant to which the complainant deposited a sum of Rs. 1,04,594/- till 9.11.02 with the OP but, however, the said housing scheme was scraped by the OP as the flats were constructed without Kitchen and in violation of specification. In the second draw held on 17.2.2005, the complainant was declared successful for the allotment of a flat and a demand was raised vide demand letter No. 50952 vide file No. 312(2644)05/JHRS/DW and she deposited Rs. 1,09,703/- and, thus, in all Rs. 2,23,550/-. She requested the OP to adjust the interest on the amount of Rs. 1,04,594/- w.e.f. 2002 but, however, the OP did not do so inspite of the fact that the OP charges heavy penalty/interest in the event of the allottee’s inability to make payment as per the schedule contained in article 15 of its Broucher. The complainant ultimately was given possession of the flat on 11.11.05 vide Conveyance Deed dated 20.1.2006 but despite several letters the OP did not adjust the interest on the said amount of Rs. 1,04,595/-. Besides this complainant also had to live in a rental accommodation w.e.f. 9.11.2002 to 11.11.2005 which costed her a sum of Rs. 72,000/- besides compelling her to make an extra payment of Rs. 14,000/- in the year 2005. Hence, pleading deficiency in service complainant has filed the present complaint for directing the OP to pay Rs. 2,11,585/- on account of damages/compensation for non-calculation of interest and on account of deficiency in service along with interest @ 18% p.a.
In its written statement, OP has inter-alia stated that there was no policy to pay interest on the deposits. A meeting had been held on 2.7.07 regarding payment of interest to the allottees of Sector 16B, Dwarka who had deposited the cost of the flat of allotment made in 2002 and subsequently the entire draw dated 8.4.2002 was cancelled by the OP on the protest of the certain allottees being a flat of one room tenement. The decision of the meeting is still awaited. It is stated that the amount of Rs. 14,000/- was the balance cost of flat and other usual charges. Hence, by pleading that there is no deficiency of service on the part of the OP, it is prayed that the complaint be dismissed.
Complainant has filed a rejoinder.
Complainant has filed her affidavit in evidence. On the other hand, affidavit of Sh. B.B. Kundal, Director (H-II) has been filed in evidence on behalf of OP.
Written arguments have been filed on behalf of both the parties.
We have heard the counsels for the parties and have also carefully gone through the record.
The only contention raised on behalf of the OP during the course of arguments at the bar is that during the pendency of the complaint a policy had been framed by the OP on 8.9.07 to pay interest @ 5% p.a. and the interest payable to the complainant was Rs. 12163/- after deducting the income tax of Rs. 1397/- and accordingly a cheque of Rs. 12163/- dated 15.1.08 has already been received by the complainant and, that being so, the complaint has became infractuous and be dismissed. On the other hand, the contention raised on behalf of the complainant is that as written in the order-sheet dated 17.1.08, the said amount had been received by the complainant without prejudice to her rights on merits.
It is, no doubt, that the OP is liable to pay interest on the amount of Rs. 1,04,594/- which the complainant had deposited till 9.11.2002 towards the allotment of the Janta Flat vide letter No. 12313 dated 10.4.2002 at least till the date on which the second draw was held on 17.2.2005. However, the OP did not do so. Now the policy has been framed by the OP and in pursuance of that amount of interest on the said amount has been given to the complainant @ 5% p.a. As recorded in the order-sheet dated 17.1.2008, a cheque for an amount of Rs. 12163/- had been handed over to the counsel for the complainant and the said amount was towards interest @ 5% p.a. The cheque was in favour of the complainant. Now in the said order-sheet it has not been recorded anywhere that the said cheque or amount had been received by the complainant or her counsel under any protest. Thus, we are of the considered opinion that by accepting the said amount on 17.1.2008 towards interest the complainant ceased to be a consumer.
In view of the above discussion, we hold that the complaint has no substance and its merit dismissal. Accordingly, we dismiss the complaint with no order as to costs.
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.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Announced on 28.11.15.
Case No. 602/07
28.11.2015
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL)
MEMBER PRESIDENT
