Delhi
Development Authority (DDA) has been directed by state consumer commission here
to allot a flat and pay compensation of Rs. 3 lakh to one of its allottees for
twice cancelling house alloted to him without issuing him a
demand-cum-allotment letter.
The
Delhi State Consumer Commission observed that the allottee's long-standing
dream to own a flat was shattered due to the "malafide intention" of
the DDA officials.
"Material
on record shows that 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 and he was caused harassment on account of
malafide intention of officials of the DDA, for which we quantify the amount of
compensation of Rs. 3,00,000.
"The
DDA shall allot a category III flat in Vasant Kunj, New Delhi in favour of the
complainant at prevalent cost...," a bench of members Mr. Salma Noor and
Mr. V.K Gupta said.
"It
is a matter of common observation that officials of DDA with a malafide
intention do not send demand-cum-allotment letter, show cause notice or
cancellation letter to allottee and his dream of residing in a flat disappears
and (thus) causes gross harassment...," the bench noted.
DDA,
in its defence, had contended that it had issued a demand cum allotment letter
both the times, in 1994 & 1999, when a flat was alloted 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 Mr. Gandotra.
Mr.
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 alloted a flat, he was not sent the demand-cum-allotment
letter, he had alleged.
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