State Consumer Disputes Redressal Commission
Dda vs K.L Chalana on 18 March, 2015
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision : 18.03.2015 First Appeal No.503/2011 (Arising out of the order dated 10.08.2011 in Complaint Case No. 242/09 passed by District Consumer Disputes Redressal Forum-II, C-22 & 23, Udyog Sadan Qutab Institutional Area, behind Qutub Hotel, New Delhi-110016) Delhi Development Authority Through its Vice Chairman Vikas Sadan I.N.A., New Delhi .......Appellant VERSUS Smt. Pushpa Lata W/o Late Sh. K.L.Chalana Ms. Alka D/o Late Sh. K.L.Chalana Sh. Manish Chalana S/o Late Sh. K.L.Chalana All of Address as below Late Sh. K.L. Chalana R/o Ashirwad, Bastacolla Dhansar, Dhanbad The present address of the respondents is as follows:- Late Sh. K.L.Chalana R/o Flat No. 110 SFS Category-III, Ist Floor Rajouri Apartment, Opp. Govt. Press Mayapuri, New Delhi-110064 .....Respondents CORAM N P Kaushik, Member (Judicial) S C Jain, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik, Member (Judicial) Judgment The appellant/DDA has impugned the orders dt. 10.08.2011 passed by the Ld. District Forum-II, New Delhi. Vide impugned orders the Ld. District Forum had directed the appellant herein to restore the allotment of the flat no. 110, Rajouri Apartment, Opp. Government of India Press Mayapuri, New Delhi. Ld. District Forum had also directed the appellant herein to allow conversion of the aforesaid flat from lease hold to free hold. Compensation to the tune of Rs. 50,000/- and litigation charges of Rs. 10,000/- were also awarded. Aforesaid directions were to be complied with within a period of one month from the receipt of the orders. Interest @ 9% p.a. on the aforesaid amount for delay if any in payment was also awarded.
In brief, the complainant was allotted flat in question by the appellant/OP vide letter of possession dt. 18.09.1989. The complainant applied to the OP/DDA for conversion of the said flat from lease hold to free hold. On 18.12.2003, he deposited the conversion charges of Rs. 34,836/- along with processing fee of Rs. 200/-. Eighteen documents as required were also furnished by the complainant. Vide its letter dt. 01.02.2008, OP confirmed that the documents furnished by the complainant were in order. Instead of processing the application of the complainant for conversion, the OP cancelled the allotment of the flat vide its letter dt. 01.06.2004. The grounds of the cancellation of flat were that the complainant had raised extra balcony and chhajja on three sides by constructing on government land on the back side of the flat. On the basis of the aforesaid facts the complainant filed the complaint in the District Forum-II seeking directions against the OP to process his application for conversion of the property from lease hold to free hold.
OP in its defence before the District Forum took a plea that the conversion could be allowed only if the unauthorised construction fell within the four walls of the residential premises. The encroachment in the present case being outside in the four walls, the conversion was not allowed. Notices dt. 15.01.2004 and 26.03.2004 were sent to the complainant for removing encroachment upon the government land. Notices were not replied to. Allotment was, therefore, cancelled.
Ld. District Forum relied upon the instructions issued by the Government of India vide order no. J-20010/77-III dt. 14.02.1992. Conversion from lease hold to free hold had to be allowed inspite of the fact that there existed an unauthorised construction. Issue of unauthorised construction had to be addressed by MCD under building byelaws. Upon an RTI application filed by the complainant, the OP came up with its letters dt. 15.01.2004 and 26.03.2004. Both these letters are written by the OP to MCD. Letter dt. 14.02.1992 issued by the government of India (referred to above) has been relied upon. OP has conveyed to MCD that the conversion of the property from lease hold to free hold is allowed independent of the factum of existence of unauthorised constructions. Action for carrying out unauthorised constructions is required to be taken up by the MCD.
It may also be mentioned here that the flat in question is located on the first floor of the building. Occupant of the ground floor has encroached upon the government land and raised unauthorised construction. On the roof of the said unauthorised construction, the occupants living vertically above, have also raised unauthorised constructions by extending their respective flats. Ld. Counsel for the respondent/complainant Sh. I.S.Kapoor has stated at the bar that the OP has allowed conversion of the flats on the ground floor, second floor and third floor from lease hold to free hold. Be that as it may, the circular dt. 14.02.1992 issued by the government of India relied upon by the OP itself provides for such conversion irrespective of the fact of the unauthorised constructions having been carried out by the allottees. OP was, therefore, not within its right to cancel the allotment. We, therefore, do not find any illegality or infirmity in the orders dt. 10.08.2011 passed by the Ld. District Forum-II, Delhi. Appeal is, therefore, devoid of merits. The same is dismissed.
Before parting, it may be mentioned here that the original complainant Sh. K.L.Chalana died during the pendency of this appeal. LRs of the original complainant have come on record. OP/DDA is directed to convert the flat in question from lease hold to free hold after the LR's of the original complainant fulfil all the requisite formalities in this behalf. Directions be complied with within a period of 30 days from the completion of formalities. LRs of the deceased complainant to furnish requisite documents and the fees as were required at the relevant time within a period of 15 days from today. Appeal is accordingly disposed of. FDR if any deposited by the appellant shall be released as per rules.
Copy of the orders be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.
(N P Kaushik) Member (Judicial) (S C Jain) Member