Suresh Kumar vs D.D.A.

Reva Khetrapal, J.—The Petitioner has filed the present writ petition praying for directions to DDA to the effect that the revised Demand Letter received by the Petitioner on 10th September, 2012 cannot be read retrospectively. Brief facts of the case are that the Petitioner applied under DDA Housing Scheme, 2010 vide registration No. 1155789 dated 21.12.2010 for allotment of an HIG flat. On 18.04.2011, a draw of allotment of flats was held and the Petitioner was allotted Flat No. 708, Yamuna Block-6, D-6, GRP-4, 7th Floor at Vasant Kunj. A demand letter was issued to the Petitioner on 30.03.2012 setting out the net amount due in the sum of Rs. 94,20,172/- payable without interest by 31.03.2012 and latest by 26.09.2012 with interest, the total amount including interest being Rs. 97,68,589/-. As per the policy of the DDA, the Petitioner was given six months time for making the payment and in the communication dated 30th March, 2012 the payment schedule was set out as under:-

Demanded amount payable by (**) 31-MAR-12 Demanded amount if paid by Payable including interest31-MAR-1231-MAR-129420172.0001-APR-1228-JUN-129420172.0029-JUN-1228-JUL-129536311.0029-JUL-1227-AUG-129652450.0028-AUG-1226-SEP-129768589.00

In the aforesaid communication, it was specifically mentioned as follows:-

Automatic cancellation, if demanded amount is not paid, by 26-SEP-12.

At the foot of the communication dated 30th March, 2012, the following was recorded:-

(*) Freehold/conversion charges are provisional, and undertaking is required for payment of further increase, if any.

(**) If the demanded amount is not paid by this date, the allottee is liable to deposit it before the date of automatic cancellation given in column 12 along with interest @ 15% p.a. compounded as on 31 March, foiling which allotment will stand cancelled automatically. Any fraction of month will be treated as one month. No show cause notice/intimation will be given by the DDA for cancellation.

On 31st August, 2012, a revised demand letter was issued to the Petitioner after reducing the net amount due from Rs. 94,20,172/- to Rs. 84,37,209/-, and the amount payable by 26.09.2012 including interest was reduced from Rs. 97,68,589/- to Rs. 87,49,270/-. The Petitioner contends that the said demand letter, received by him on 10th September, 2012, showing the payment schedule from retrospective effect, i.e., from 30th March, 2012 deprives the Petitioner of the chance to make the payment in six months'' time. The Petitioner further contends that he cannot be called upon to pay the demand from back date retrospectively and to pay interest of Rs. 3,12,000/-, as the revised demand letter was actually received by him on 10th September, 2012.

I have heard the counsel for the parties. It is abundantly clear from a bare perusal of communication dated 30th March, 2012 which was admittedly received by the Petitioner that the last date for making payment of Rs. 97,68,589/- was 26.09.2012, after adjusting Rs. 1,50,000/- as registration amount The date was specifically mentioned for payment with and without interest, Furthermore, it was also specifically mentioned in the said communication that non-payment of the sum of Rs. 97,68,589/- by 26th September, 2012 would entail automatic cancellation of the fiat in question. The foot note to the letter sets out in no uncertain terms that if the demanded amount is not paid by 26th September, 2012, the allottee is liable to deposit it before the date of automatic cancellation given in column 12, i.e., by 26th September, 2012 along with interest @ 12% per annum compounded as on 31st March, failing which allotment will stand cancelled automatically. No show cause notice/ intimation will be given by the DDA for cancellation. Thus, the allottee was given sufficient time for making the payment of the demanded amount through provisional demand-cum-allotment letter dated 30th March, 2012, i.e., six months time from 31st March, 2012 to 26th September, 2012. It was also clearly spelt out that in case the payment was not made by 26th September, 2012, interest @ 15% per annum compounded as on 31st March, 2012 would be payable by the allottee without issuance of any show cause notice by the DDA.

Reliance placed by the petitioner on the Office Order dated 19.04.2012 of the Respondent to treat the Demand Letter dated 30.03.2012 as provisional is also misplaced as it is clearly stated in the said order that "Belated information of Engg. Wing that raising of demand In respect of these fiats may be kept in abeyance could not be made effective as the demand-cum-allotment letters in respect of the above flats have already been generated and issued to the successful allottees". It may be noted that by way of the revised demand letter no new demand has been raised and only some amounts have been modified. There is also nothing on record to show that the Petitioner was intimated not to pay the demand in terms of the demand letter dated 30.03.2012 till the issuance of the revised demand letter.

In my considered opinion, therefore, the Petitioner cannot be heard to say that the revised demand letter received by him on 10.09.2012 having been issued to him subsequent to 30th March, 2012, the payment schedule set out in the said letter could not be with retrospective effect and the interest could not levied. In view of the aforesaid, there is no merit in the present petition, which is accordingly dismissed.