DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.877 /2007
Siya Devi,
W/o Sh. G.C. Mishra,
Resident of Village Sultanpur Colony,
Mehrauli, New Delhi – 30. ….Complainant
Versus
1. Delhi Development Authority
Through its Vice Chairman
Vikas Sadan, Near INA Market,
New Delhi
2. The Commissioner (Slums & Jhuggi Jhopari)
Delhi Development Authority,
Slums Wing Housing Cell,
Vikas Kutir, I.P.Estate,
New Delhi
3. The Commissioner Slum and JJ Wing,
Municipal Corporation of Delhi,
Town Hall, Delhi. ……Opposite Parties
Date of Institution : 08.08.07 Date of Order : 27.04.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that she was residing in Jhuggi Jhopadi Colony, Sultanpuri, New Delhi in plot No.A-3/114 in the year 1985 alongwith her family; that the Slum Wing of OP No.1 DDA declared one scheme for Jhuggi Dwellers in the name of “Residential Flats Registration Scheme for Slum Dwellers and Others 1985”. She applied in that scheme and deposited Rs.3,000/- on 28.12.1985 as registration fee vide challan No. 505 in Central Bank, Madipur, New Delhi. After two years, she had changed her residence to South Delhi area in Village Sultanpuri, near Mehrauli, New Delhi alongwith her family and she had informed the OP No.2 vide registered letter dated 04.10.1988 about the change of her address. The OP No.2 asked her to furnish the photocopies of ration card vide their letter dated 25.10.1988 and she had complied the said order. The OP No.2 vide letter dated 21.04.1989 informed her that they had accepted the application in respect of change of address and corrected in their record. She had also requested the OP No.2 vide application dated 27.07.1990 to correct the name of her husband to G. C. Mishra in place of G. C. Sharma. She sent a letter on 13.10.04 to the OP No.2 regarding the status of registration. The OP No.1 had informed vide letter dated 11.11.04 that in her case the priority number was 17911/G and till date the allotment had been made upto the priority No. 2650/G in that category and she had to wait for her turn as and when it comes. But one of the similar registration holders of the same date 28.12.1985 was allotted flat on 05.01.1988 in Madipur, area vide allotment letter No. D/8501/88/75 dated 5.1.88. She sent two reminders to the OP No.1 and OP No.2 but the OP No.1 & 2 had replied that till date allotment had been made upto priority No. 2650/G (H) (letter No. G/8501/505/DD(H) 2007/D-323 dated 13.3.2007). As the same reply was received from the OP, therefore, there was deficiency of service on the part OPs as 22 years had passed but the Complainant had not been allotted any flat. The Complainant has prayed as under:-
- Direct the OP to allot a flat under the Residential Flats Registration Scheme for Slum Dwellers and others/1988 or any other similar or alternate provision be made for the allotment of flat in any other existing scheme or some higher category within the stipulated period of 3 months.
- Direct the OP to pay Rs.5,00,000/- as compensation for harassment and mental agony caused to the Complainant by the OP by compelling her to wait for about 22 years and not allotting any flat under the said scheme till date.
OP No.1 & 2 in their written statement have inter-alia stated that Slum and JJ Wing of the DDA had been transferred to MCD w.e.f. 01.09.1992 in pursuance of the office order dated 01.09.1992 issued by the Govt. of NCT of Delhi wherein it is clearly stated that all the assets and liabilities of Slum and JJ Wing of DDA including all lands in J.J. Colonies will be deemed to have been transferred to the Slum and J.J. Department of MCD w.e.f. 01.09.1992 and as such the MCD is a necessary and proper party for adjudication. The application is barred by law of limitation under the Consumer Protection Act.
MCD has been impleaded as OP-3.
OP No.3 in the written statement has stated that the Complainant had applied for housing scheme in the year 1985 and the complaint is filed in the year 2007 i.e. after a lapse of 22 years and the same is barred by limitation. The Complainant had registered her name under “Residential Flats Registration Scheme 1985 by depositing Rs.3000/- as registration money on 27.12.1985 vide bank challan No.505 through Central Bank, Madipur, New Delhi and she was given the priority No.17911/General on hire purchase basis. The name of the husband of the Complainant was already mentioned as G.C. Mishra in the records of the Department. Since number of registrants had applied for the flats, the allotment shall be made as per the priorities nos. OP-3 has not been deficient in service since the OP-3 has not surpassed the priority numbers. If the Complainant was not interested in the said scheme she could have opted for exit and received the interest over the payment made to the OP No.3 as per clause 7(a) 7.1 of the scheme. But she had not applied for cancellation and refund of money. OP No.3 has further stated that the Complainant has not disclosed the basis of assessing the damages of Rs.5,00,000/- as they have not caused harassment and mental agony to her. OP No.3 has prayed for dismissal of the complaint.
Complainant has filed separate rejoinders to the written statements of OPs.
OP No.1 & 2 have been proceeded exparte vide order dated 24.02.2011 & 10.05.2011 respectively passed by our predecessors. Complainant has filed her own affidavit in evidence. On the other hand, affidavit of Sh. S. K. Meena, on behalf of DDA/OP No.1 &
2 and affidavit of Sh. Harish Vats on behalf of MCD/OP No.3 have been filed in evidence.
Written arguments have been filed on behalf of the Complainant and OP No.3.
We have heard the arguments of the counsels of the parties and have also gone through the file very carefully.
It is not in dispute that the Complainant had applied for flat under Residential Flats Registration Scheme for Slum Dwellers and Others 1985 and deposited Rs.3,000/- as registration fee on 27.12.1985 vide challan No. 505 through Central Bank and her priority no. was 17911/G on hire and purchase basis and till the date of filing of complainant the allotment upto priority no. 2650/G had been completed. The JJ Wing of OP No.1 was transferred to OP No.3 w.e.f. 01.02.1992 as per office order issued by Govt. of NCT of Delhi.
In view of the above, it transpires that the Complainant had applied for the housing scheme in the year 1985 and the complainant has not been allotted a flat till date. The OP No.3 has cleared the priority list upto 2650/G and the Complainant’s priority No. is 17911/G. The OP No.3 had not allotted the flat to the other registrants and the complainant has not filed any documents to show that other registrants were allotted any flat in that scheme by superseding her name. Therefore, the Complainant has failed to prove any deficiency in service or unfair trade practice on the part of OPs.
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 27.04.16.
(NAINA BAKSHI) (N. K. GOEL)
MEMBER PRESIDENT
Case No. 877/07
27.4.2016
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
