State Consumer Disputes Redressal Commission
Delhi Development Authority, vs S.C. Soren on 11 July, 2008
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 11-07-2008 Appeal No. FA 07/158 (Arising out of Order dated 06-04-2004 passed by the District Forum-II, Qutub Institutional Area, New Delhi,, in Complaint Case No.90/2004) Delhi Development Authority, Vikas Sadan, INA, New Delhi. . . . Appellant Through Ms. Girija Wadhwa, Advocate Versus Shri S.C. Soren, R/o. B-65, Sector-15, NOIDA. . . . Respondent CORAM: Justice J.D. Kapoor, President Ms. Rumnita Mittal, Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice J.D. Kapoor (Oral)
1. Vide impugned order dated 06-04-2004 the appellant has been held guilty of deficiency in service for not serving the demand-cum-allotment letter at the changed address and has been directed to allot the flat in question at the same disposal cost given in the demand-cum-allotment letter dated 25-09-1997 20-09-1997 subject to the condition that the respondent shall be liable to pay interest and restoration charges up to the period 04-12-1998 when the respondent was misinformed by the appellant regarding the allotment of the flat. A sum of Rs. 2000/- was also awarded by the District Forum as cost of litigation with the observation that no compensation was being awarded as he was being given the flat at original price thereby saving him the escalation.
2. The impugned Order has been assailed through this appeal mainly on the premise that it was due to the negligence of the respondent in not informing the appellant about his change of address from Delhi to Noida that the demand letter could not be sent at Noida address and, therefore, the impugned order to allot the flat at disposal cost is not justified.
3. However, in view of the statement of the Ld. Counsel for the appellant that the flat is still vacant for allotment to the respondent, interest of justice shall be met if the flat is allotted on the actual cost shown in the letter 25-09-1997 20-09-1997 plus interest @9% by way of actual period interest for the period from 01-10-97 till the date of this Order.
4. Appeal is allowed in the aforesaid terms.
5. This Order shall be complied with within one month from the date of receipt of a copy of this order.
6. Copy of orders, as per statutory requirement, be forwarded to the parties and the concerned District Forum and thereafter the file be consigned to record.
7. FDR/Bank Guarantee, if any, be released under proper receipt.
(JUSTICE J.D. KAPOOR) PRESIDENT (RUMNITA MITTAL) MEMBER HK