The Delhi Development Authority (DDA) has been directed to allot a flat and pay a compensation of `3 lakh to one of its allottees for cancelling the allotment of the house twice without issuing the allottee a demand-cum-allotment letter.
Aggrieved, the petitioner had approached the State Consumer Commission seeking relief. The Delhi State Consumer Commission observed that the allottee’s long-standing wish to own a flat was shattered due to the ‘malafide intention’ of the DDA officials. The court has asked DDA to allot the complainant a category III flat in Soth Delhi’s Vasant kunj area at the prevalent cost.
“Material on record shows that the complainant (allottee) was registered in the Fifth Financial Scheme way back in 1991, and even after expiry of over 20 years, his dream to have a flat was completely shattered. He was caused harassment on account of malafide intention of officials of the DDA, for which we quantify the amount of compensation of `3 lakh,” said a Bench of members Salma Noor and VK Gupta.
“It is a matter of common observation that officials of DDA with a malafide intention do not send demand-cum-allotment letters, show cause notices or cancellation letters to the allottees. This leads to their harassment,” the Bench noted.
DDA, in its defence, had contended that it had issued a demand-cum-allotment letter both the times, in 1994 and 1999, when a flat was allotted to the complainant, Delhi resident Sandeep Gandotra, but as he did not pay the amount due, the allotments were cancelled.
The commission rejected the contention saying DDA “failed” to show any proof that a demand-cum-allotment letter was sent to Gandotra, the complainant. On the other hand, Gandotra, in his plea, had said he had registered with DDA under the Fifth Self Financing Scheme in 1991 for the allotment of category III flat and had paid Rs 15,000 as fee. However, both times when he was allotted a flat, he was not sent the demand-cum allotment letter, he
had alleged.