JUSTICE V.K. JAIN, PRESIDING MEMBER

          The complainant / respondent applied to the petitioner for allotment of a residential flat in its Narela Housing Scheme, 2004, depositing a registration amount of Rs.30,000/-.   Flat No.83, in Sector A-10, C-Block Pocket-6, was allotted to the complainant in a draw held on 29.5.2014.  The case of the petitioner is that the intimation of the allotment was sent to the complainant by UTI Bank through Overnight Express Courier and was delivered to him.  The case of the complainant on the other hand is that no demand-cum-allotment letter was received by him despite several letters sent by him to the petitioner DDA informing that despite the allotment he had not received any demand-cum-allotment letter.  He also stated that he had kept the balance amount in his bank account for payment to DDA. The case of the petitioner, on the other hand is that since the complainant did not make payment in terms of the demand-cum-allotment letter, delivered to him through Overnight Express Courier on 26.6.2004, the allotment stood automatically cancelled. 

2.      The District Forum having held that the demand-cum-allotment letter stated to be dated 30.6.2004, could not even have been sent on 26.6.2004, allowed the consumer complaint and directed the petitioner to allot one MIG flat in any locality to the complainant at the rates prevalent on the date of the allotment made to him.  A sum of Rs.25,000/- was also awarded as compensation to the complainant.

3.      Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal.  Vide impugned order dated 20.7.2018 the State Commission directed to the petitioner to allot flat to the complainant at old rate, though the direction for payment of Rs.20,000/- as compensation was set aside.  Being still aggrieved, the petitioner is before this Commission by way of this revision petition.

4.      The first question which arises for consideration in this case is as to whether the demand-cum-allotment letter which according to the petitioner had been generated much prior to 30.6.2004, was actually delivered to the complainant or not. Relied upon a letter dated 10.01.2006, sent to it by UTI bank, Greater Kailash, stating therein that the demand-cum-allotment letter was sent to Shri Manoj Kumar through Overnight Express Courier on 26.6.2004 vide their delivery note No.36595433.  An affidavit of Mr. Saurav Das, Manager of Axis Bank was also filed before the District Forum wherein he inter-alia stated that the demand-cum-allotment letter was sent at the address E-305, East of Kailash, New Delhi through Overnight Express Courier on 20.6.2004 vide delivery note No.36595433.  It was further stated in the said affidavit that the matter was taken up with the Overnight Express Courier who reported that being an old record, the proof of delivery was not available with them.

The letter annexed to and referred in the affidavit purports to have been issued by Overnight Express Courier to Axis Bank on 03.4.2016.

5.      Since no proof of delivery of demand-cum-allotment letter to the complainant / respondent has been produced by the petitioner, the concurrent finding returned by the fora below to the effect that the said letter was never delivered to the complainant, does not call for any interference by this Commission in exercise of its revisional jurisdiction.  It would be important to note here that despite the complainant having written to the petitioner DDA way back in the year 2005, that the demand-cum-allotment letter had not been received by him, no effort at that time was made by the petitioner to collect the proof of delivery from Overnight Express Courier.  Had the petitioner made such an attempt immediately on receiving the grievance of the complainant with respect to non-receipt of the demand-cum-allotment letter, it is quite possible that if the letter was actually delivered, the proof of delivery would have been made available by Overnight Express Courier.  There is no explanation for the petitioner not adopting such course of action immediately on receipt of the complaint, alleging non-receipt of the demand-cum-allotment letter by the complainant.

6.      Though, the direction given by the fora below is for allotment of another flat to the complainant at the rates prevailing at the time allotment in Narela was made to him, the complainant in all fairness must pay adequate interest to the petitioner on the balance sale consideration which he would have paid to DDA had the demand-cum-allotment letter been received by him from DDA.  Having retained the aforesaid amount by keeping the same in his bank account the complainant must have earned interest on that amount, which he must necessarily pass on to DDA.

7.      For the reasons stated hereinabove, the revision petition is disposed of with the following directions:

(i)      The petitioner shall either deliver possession of the allotted flat to the complainant and in case the said flat is no more available it shall allot another flat to the complainant in any locality in which a flat of the applicable category may be available with DDA.

(ii)      The allotment shall be made at the price prevailing in respect of the said flat on the date the demand-cum-allotment letter was issued by the DDA.

(iii)     The petitioner shall pay the entire amount payable in respect of the said flat, after deducting the registration amount, along with simple interest on that balance amount @ 12% per annum from the date of issuance of the demand-cum-allotment letter in respect of the Narela Flat till the date on which the payment in respect of the new flat is made by him.

(iv)    While complying with this order, the petitioner shall be entitled to deduct the amount, if any, already paid by him to DDA in compliance of the order passed by the District Forum.

(v)     To the extent principal amount if any, deposited by the complainant with DDA in compliance of the order of the District Forum is concerned, the interest would be payable only upto the date on which the said amount was deposited.  However, on the balance sale consideration, if any, interest would be payable by the complainant with effect from the date of issuance of the demand-cum-allotment letter in respect of the Narela flat, till the date on which the said balance payment is made.

(vi)    The allotment to the complainant in terms of this order shall be made within eight weeks from today subject to the complainant making payment in terms of this order within next four weeks. 

(vii)    The possession of the flat shall thereafter, be delivered to the complainant on completion of the requisite formalities required in this regard.

The revision petition stand disposed of.