Delhi Development Authority has been directed by state consumer commission here to allot a flat and pay compensation of Rs three lakh to one of its allottees for twice cancelling house alloted to him without issuing him a demand-cum-allotment letter.
The Delhi State Consumer Commission observed that the allottee’s long-standing dream to own a flat was shattered due to the “malafide intention” of the DDA officials.
“Material on record shows that complainant (allottee) was registered in the Fifth Financial Scheme way back in 1991 and even after expiry of over 20 years his dream to have a flat was completely shattered and he was caused harassment on account of malafide intention of officials of the DDA,for which we quantify the amount of compensation of Rs 3,00,000.
“The DDA shall allot a category III flat in Vasant Kunj,New Delhi in favour of the complainant at prevalent cost…,” a bench of members Salma Noor and V K Gupta said.
“It is a matter of common observation that officials of DDA with a malafide intention do not send demand-cum-allotment letter,show cause notice or cancellation letter to allottee and his dream of residing in a flat disappears and (thus) causes gross harassment…,” the bench noted.
DDA,in its defence,had contended that it had issued a demand-cum-allotment letter both the times,in 1994 and 1999,when a flat was alloted to the complainant,Delhi resident Sandeep Gandotra,but as he did not pay the amount due,the allotments were cancelled.
The commission rejected the contention saying DDA “failed” to show any proof that a demand-cum-allotment letter was sent to Gandotra.
Gandotra,in his plea,had said he had registered with DDA under the Fifth Self Financing Scheme in 1991 for the allotment of category III flat and had paid Rs 15,000 as fee.
However,both times when he was alloted a flat,he was not sent the demand-cum-allotment letter,he had alleged.