K.L. Batra vs DELHI DEVELOPMENT AUTHORITY

THE appellant is aggrieved of the order dated 22.1.1996 passed by District Forum-II, New Delhi as the respondent has been allowed to offer the delivery of possession of the flat allotted to the appellant on 31.3.1989 on the price prevalent at the time of said offer and not at the price prevalent at the time of allotment.

FACTS in brief are that one MIG Flat No. 566 East Loni Road was allotted to the appellant vide letter dated 31.3.1989 with demand of Rs. 77,560.46 towards part payment payable by 5.7.1989. It was stipulated that in case the appellant failed to pay the demanded amount the allotment will be treated as cancelled. However, the appellant made the payment well in advance i.e., on 27.6.1989, though he submitted the documents on 15.12.1989. It appears that late submission of documents by the appellant resulted in cancellation of the flat. However, the allotment was revived on payment of Rs. 5,000/- as restoration charges on 18.9.1992 but the possession of the flat was not released. In the intervening period of three years i.e., the date of cancellation of the flat and its restoration the flat in question was allotted to someone else. However, in view of the restoration of the allotment a draw of lots was held on 13.12.1993 and flat No. 24-B-1/8 Sector 15, Rohini was allotted vide letter dated 26.3.1994. This allotment was accepted by the appellant with the condition that he will pay the original price of the flat, which was prevalent at the time of allotment of earlier flat. However, this condition did not find favour with the respondent and the allotment of the second flat also stood cancelled.

Before the District Forum the respondent offered to deliver the possession of the flat on payment of the price demanded. This offer was found to be quite fair in the opinion of the District Forum.

THE main contention of the Counsel for the appellant assailing the impugned order is that once he had made the payment of Rs. 77,560/- well in advance and prior to the date of part payment, the respondent was not entitled to cancel the allotment merely because of delayed submission of some documents. It is further contended that once having revived the allotment on payment of Rs. 5,000/- as restoration charges on 18.9.1992, the respondent was not entitled to charge more price than the price of the flat which was allotted to him in 1989 for allotting second flat in Rohini vide letter dated 26.3.1994. It appears that the respondent finds itself in piquant situation as no flat is available with the respondent at the price of 1,79,000/-, whereas the appellant has been left high and dry as inspite of having deposited the part payment towards price of the flat which was originally allotted to him in the year 1989 within the stipulated period and inspite of having revived the allotment on payment of Rs. 5,000/- as restoration charges he is without any house as the price of the second flat which was allotted in lieu of the first flat in 1993 was Rs. 5,41,950/-. THE very fact that the appellant accepted the allotment of the second flat with the condition that he will only pay the price prevalent in the year 1989 when the original flat was allotted to him shows that the appellant was never ready to pay the amount of Rs. 5,41,950/- and rightly so as the appellant being the poor Government servant was not expected to pay Rs. 5,41,950/- in 1993 in lieu of the flat which was allotted to him in the year 1989 for price of Rs. 1,79,000/- only. In view of the complex situation, which has developed and due to peculiar circumstances, we feel inclined to come up with the following directions: 1. That the respondent shall offer the possession of a flat available to it in any part of the city as the appellant is ready to take flat anywhere in Delhi on payment of Rs. 5,41,950/-, the original price which was prevalent in the year 1993 when the second flat was allotted in lieu of the first flat whose value was hardly Rs. 1,79,000/- within three months.

In case no such flat is available with the respondent, the respondent shall refund the amount of Rs. 77,560/- deposited by the appellant with interest @ 12% from the date of payment of amount till its realisation within one month.

THE appeal is allowed in above terms. THE FDR if any deposited by the appellant be returned forthwith after completing necessary formalities. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. Appeal partly allowed.