Delhi

StateCommission

A/437/2016

PREM DEVI - Complainant(s)

Versus

DELHI DEVELOPMENT AUTHORITY - Opp.Party(s)

04 Oct 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

                                                Date of Arguments: 04.10.16

Date of Decision:    18.10.16

 

First Appeal No. 437/2016

 

In the matter of:

           

Smt. Prem Devi

Deceased

Wife of Late Shri Brij Lal

Through her legal heir

Shri Pratap Singh

Son of Shri Brij Lall

Resident of 167 Malik Pur

Tagore Park, Model Tower

Delhi-110069.                                                 ……….Appellant                                                                                                                                            

                            

Versus

 

      

Delhi Development Authority

Through its Vice Chairman

Vikas Sadan, INA

New Delhi-110002.                                          …….Respondent

 

CORAM

 

                                                                                                                       

O.P. Gupta, Member (Judicial)

 

1.         Whether reporters of local newspaper be allowed to see the judgment? 

 

•  

 

2.      To be referred to the reporter or not? Yes

 

 

JUDGEMENT

            The complainant has come in the present appeal against order dated 08.06.16 passed by District Forum II in complaint case No. 239/07 dismissing the complaint.  The complaint was filed in the name of Prem Devi (deceased) through her son Pratap Singh.

2.      In brief the case of the appellant was that he was the only son  and legal heir of Smt. Prem Devi who died on 05.10.98.  She was allotted flat No.  M & N 243 A, Sarita Vihar, Phase-I, New Delhi under Janta category against  NPRS , A/7110 vide registration No, 9900, priority no. 4285 in draw held in 25.02.87 against payment of Rs. 36,500/- vide letter dated 10.03.87.  The complainant deposited Rs. 13,800/- vide various challans . Required documents were deposited with OP but possession was not handed over.  The complainant prayed for handing over of possession against deposit of balance amount, for compensation of Rs. 1,00,000/- for causing harassment, mental tension and physical suffering and monetary loss.

3.      Respondent took objection that complaint was barred by limitation.  On merits it pleaded that the flat was booked by Smt. Prem Devi  w/o Om Prakash and not Prem Devi w/o Brij Lal.  The rightful applicant intimated change of her address vide letter dated 23.09.85 as C-2/150, Yamuna Vihar, Delhi. Allotment letter was issued to her at her original address of 3919/17, Abdula Bldg., Roshnara Road, New Delhi which was received undelivered as left without address.  Later on letter dated 05.05.87 alongwith challan of Rs. 5,000/- was received showing her address as KP-8, Pitam Pura, Delhi.

4.    Thereafter complainant sent letter dated 16.07.87mentioning that she of her own made balance payment and submitted all the required documents. She did not surrender registration card or fourth copy of bank challan of Rs. 250/-.  In the ration card her address was mentioned as 167, Malik Pur, Delhi whereas other documents has the address 3919/17, Roshnara Road, Delhi.

5.      The real lady booking flat appeared in VC’s public hearing who ordered lodging of complaint against cheater.  Accordingly a complaint was lodged with SHO, PS Kotla Mubarakpur on 11.11.87.  Flat No. 243A, Sarita Vihar had already been allotted to someone in draw held on 29.03.86.  The real lady booking the flat was allotted another flat No,. 212A, Sarita Vihar and demand cum allotment letter was issued to her on 29.12.87. After receipt of payment and documents, possession of said flat was given to the real lady on 09.05.88. Signatures of real lady tallied with signature available on registration record. The case of the complainant was examined by Vigilance Department of respondent and closed vide letter dated 27.05.87.  The district forum found that correspondence between the allottee and OP were exchanged till May 87 and thereafter no correspondence took place.   The complainant himself mentioned that Smt. Prem Devi w/o Shri Brij Lal died on 05.10.98.  Thus from 1987 till 05.10.98 she did not correspond with the OP.  It was the present complainant/son of Smt. Prem Devi who sent letter on 25.05.06 which was taken by the district forum on record and marked as Mark B.   Thus, there was no correspondence from 1987 to 2006.  The complaint filed on 16.03.09 was hopelessly barred by limitation.

6.      I do not find any infirmity in this finding of the district forum.

7.      Even on merits district forum observed that the husband’s name of real allottee is Om Prakash and address is 3919/17, Abdula Building, Roshnara Road, Delhi. She intimated her new address as C-2/150, Yamuna Vihar , Delhi vide application OP W1/5.  All the documents submitted by said allottee tallied with her version.  Thus the complaint was not in any manner concerned with the allotment.

8.      The district forum also found that deposit made by complainant contains her address as KP8, Pitam Pura, Maurya Enclave, Delhi vide letter  copy of which is marked ‘C’.  Complainant did not make out that she resided at any other place except the address mentioned in the complaint which is 167, Malik Pur, Tagore Garden, Model Town, Delhi. Thus application for allotment was moved by Prem Devi  w/o Om Prakash and not mother of the complainant.

9.      Again I do not find any ground to interfere with this finding of the district forum.

10.    It appears that complainant is trying to take advantage of the fact that her mother’s name tallied with the name of lady who booked flat but her husband’s name  differ and addresses also differ.

11.    For the foregoing reasons the appeal is dismissed in limini.  However, the respondent is directed to refund the amount deposited by complainant alongwith interest  @ 6% per annum from the date of deposit till the date of refund.  This is being directed so as respondent has no right to retain the amount when it is not giving any flat to the complainant.

Copy of the order be sent to both the parties free of cost.

 

One copy of the order be sent to district forum for intimation.

(O.P.GUPTA)

MEMBER(JUDICIAL)