K.D. NARANG, A.O. (SFS) II vs C.P. Singh

- THIS appeal has been filed by Sh. K.D. Narang, Accounts Officer (SFS) II, DDA Housing Accounts Unit, Vikas Sadan, INA Market, New Delhi against the impugned order dated 28th April, 1989 of the District Forum.

BRIEF facts of the case are that the respondent Sh. C.P. Singh, who was the complainant before the learned District Forum had registered himself under the S .F.S. for Vasant Kunj area in Januray, 1984. He deposited the final instalment with the D.D.A. on 17.4.86 and was issued allotment letter by the D.D.A. As per terms of the allotment, the D.D.A. was supposed to give him possession of the flat within three weeks from the date of deposit of the final instalment viz 17.4.86. But the possession was given to him on 8.5.87 which was after a period of one year from the date of deposit. Since the possession of the flat was given to him late, the complainant approached the D.D.A. to pay him the interest from the period 17.4.86 to 8.8.87 on the total amount of Rs. 1.67.356.36P deposited by him with the D.D.A. The learned District Forum vide their impugned order dated 28.4.89 directed Sh. K.D. Narang, Accounts Officer of the D.D.A. to pay interest @ 7% per annum from 20,7.86 to 8.5.87 on the final cost of the flat. The appellant has come in appeal against the above order passed by the District Forum, Delhi.

During the proceedings of the case and after hearing the learned counsel for the appellant, it was held by this Commission that Sh. K.D. Narang was an employee of the D.D.A. and had acted as such on behalf of D.D.A. The D.D.A. was therefore, a necessary party to these proceedings and accordingly, a notice of the appeal was also given to the D.D.A. In their reply the D.D.A. states that Sh. C.P. Singh was initially registered under the S F.S. of D.D.A. for Vasant Kunj area and that on his own request the locality for which he was initially registered was changed to Alaknanda. That when the file for the allotment of the flat to Sh. C.P. Singh was being processed, a complaint regarding change of locality including the file of Sh. C.P. Singh were requisitioned by the Vigilance Branch of D.D.A. for onward transmission to C.B.I. These files including the file of Sh. C.P. Singh were handed over to C.B.I, on 30.7.86. That the department made sincere efforts for getting the files from the C.B.I. to enable them to hand over the possession of the flat to all the concerned allottees who had made the payment for their flats including that of Sh. C.P. Singh. A letter was written to the C.B.I, in this regard on 5.11.86. The department was thus placed in peculiar circumstances beyond their control because of taking away of the files including that of Sh. C.P. Singh by the C.B.I. The possession letter was however, issued to Sh. C.P. Singh on 9.4.87 by taking some extraordinary measures for reconstruction of part files etc.

IT was pleaded by the D.D.A. that there was no negligence or delay on the part of the department. That the C.B.I. had demanded file, from the D.D.A. on the basis of the complaints, which had to be enquired into, arrive at logical conclusion. IT was also pleaded by the D.D.A. that they had paid interest to Sh. C.P. Singh upto 19.7.86 i.e. the date when the water supply and electricity was made available in the locality. IT was admitted in thenreply that Sh. K.D. Narang, appellant was an employee of the D.D.A. Sh. C.P. Singh attended the proceedings upto 28.8.90 when he stated that his case may be decided on going through the points submitted by him and he did not associate with the subsequent proceedings held before the Commission. We have heard the parties at length and gone through the record. On going through the letter dated 5.11.86 of Director (Vigilance), D.D.A. to Sh. Paramvir Singh S.P. C.B.I. (Special Unit), Jam Nagar House, New Delhi, it is made out that 68 files relating to change of allotment of flats to Alaknanda were taken away by the C.B.I. for making enquiries. There is another letter dated 24.7.86 addressed by S.P. C.B.I. (Special Unit), Jam Nagar House, New Delhi to the Chief Vigilance Officer, D.D.A. through which copies of the rules/ regulations regarding transfer/change of flats were also demanded by the C.B.I, authorities. We have also examined another letter addressed by the Director (Vigilance) to the Commissioner (Housing), D.D.A. dated 6.1.88 which includes the list of such files and in that list file No. F. 51 (42)/82 pertains to Sh. C.P. Singh has been mentioned at serial No. 15 of the list.

FROM the careful scrutiny of these records it is revealed that there was a complaint regarding unauthorised change of locality with regard to certain persons for which C.B.I. had to intervene and they had collected certain files from the D.D.A, including that of Sh. C.P. Singh. Matter of allotment of flats was obviously delayed on account of taking away of the files by the C.B.I, from the D.D.A. It is also on record that although the files were received as late as in 1988, the D.D.A. had taken special steps to hand over the possession of the flats to those persons who had made the payment on 9.4.87 after reconstructing the part files. It is made out from the record that no discrimination of any sort was made against Shri C.P. Singh. The factum that Sh. C.P. Singh was originally registered for Vasant Kunj and that he was given the facility of transfer/change of locality to Alaknanda which was to his choice has not been denied by Sh. C.P. Singh in any manner. It is quite probable that had Sh. C.P. Singh not requested for the change of locality from Vasant Kunj to Alaknanda which was obviously a much superior & premium locality the alleged delay could have not occurred in offering him the flat originally registered by him for the Vasant Kunj area. In view of the above discussed facts and position as has been appreciated from records. We have no hesitation to come to the conclusion that it was beyond the control and circumstances of the D.D.A. to have handed over the possession to Sh. C.P. Singh when some pertinent enquiries had to be conducted by the C.B.I. on the basis of some complaints and that when the very basic records had been requisitioned by the C.B.I. from the D.D.A. which situation had developed on account of the asking for the change of locality from Vasant Kunj to Alaknanda a better locality by Ch. C.P. Singh himself and some other like him. In the circumstances, we accept the appeal and quash the impugned order dated 28.4.89 passed by the learned District Forum. No order as to costs. Appeal accepted.