MANJU GOEL vs D.D.A.

BRIEFLY the facts are that the complainant got himself registered for a flat under Self Financing Scheme (SFS) on 13.1.80. She, at the time of registration, deposited an account of Rs. 15,000/- vide receipt dated 11.12.79. The lots were drawn on 20.12.93 and she was declared successful for allocation of a flat in category 3, TF Type III, Motia Khan, New Delhi. She, as per terms of the allotment deposited the following amounts :- Amount Date of payment Rs. 15,000.00 14.12.79 I Rs. 83,208.40 18.2.84 II Rs. 76,380.00 4.4.84 III Rs. 95,475.00 9.10.84 Rs. 2,70,063.40

IT is further pleaded that the complainant has become entitled to possession of the flat and that she is also entitled to receive the interest till date. IT is, therefore, prayed that the respondent be directed to refund the interest accrued to the complainant on the deposited amount amounting Rs. 2,89,164.65 calculated upto 31.7.92, pay future interest month by month and deliver the possession of the flat at the same price within a reasonable period not exceeding six months. The complaint has been contested by the respondent. They have admitted about the receipt of the amounts mentioned by the complainant and refund of Rs. 1,71,855/- , paid by him as instalment Nos. 2and 3. Regarding interest it is stated, that the same was not payable in cash, but it was adjustable in the future instalments at the time of delivery of the possession of the flat. It is further stated that the final cost of the flat would be calculated after the completion of the flats and payment of instalments will be re-scheduled as per the progress of the work. As such calculation of interest to be paid is not possible at this stage. Regarding the delivery of the possession of the flat it is pleaded that no specific date can be given at this stage.

From the aforesaid pleadings it is evident that the complainant is not interested in cancellation of allotment and at the same time he wants to get the interest accrued on the amount deposited by him. The scheme in which the complainant got herself registered is a Self Financing Scheme. According to the scheme the finances for construction of the flat are to be provided by the registrants. Normally the interest which accrues on the principal is adjusted at the time when the flats are ready and letter for possession is issued by the DDA. It is also note worthy that the DDA has already invested amount in the land, which is a part of the transaction. Taking into consideration the said facts, we are of the view that they cannot be directed to give interest on the amount deposited by the complainant towards the instalments each month, nor the interest which has already accrued on the instalments deposited by him.

FROM the facts it is clear that no construction work regarding this scheme has been started. The problem due to which the work has not been started has not been mentioned by the parties. It is possible that same parties may have obtained stay order. Therefore, it is not proper for the Commission to direct the DDA to complete the flats within a particular period and deliver possession of the same to the complainant. The complainant though, has not requested that the opposite party be directed to refund the amount deposited by her with interest, yet we are of the view that she is entitled to get the same if he so desires. If he wants to get her registration cancelled she can do so. In that case, she will become entitled to get the money deposited by her with interest and the DDA we trust, would refund the same within a period of three months after the complainant makes an application for cancellation of the registration. If opposite party does not refund the money after the application is made by the complainant for cancellation of the registration as mentioned above, she may file a fresh complaint against the opposite party.

FOR the aforesaid reasons we do not find merit in the complaint and dismiss the same subject to the observations made above. No order as to costs. Complaint dismissed.