Delhi Development Authority
New Delhi: The Delhi Development Authority has been asked to pay Rs 50,000 compensation to a woman over a flat, whose allotment was cancelled, while noting that she was not informed in a proper manner.
New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, asked DDA to pay the money to one Rekha Raghav, while holding that it did not send the allotment letter to her directly.
The forum asked DDA to pay the money while rejecting its contention that the allotment letter was delivered to Raghav as it noted that Axis Bank, through which the letter was allegedly sent, could not provide proof of delivery.
"We...hold Opposite Party-1, DDA, guilty of not directly sending the allotment letter to complainant, once Axis Bank could not provide proof of delivery and where complainant is repeatedly asking for it.
"We hold OP-1, DDA guilty of deficiency and direct it to allot a LIG house, in same or other in same scheme at the same cost," the forum's bench, also comprising its member S R Chaudhary, said.
The forum also said that there was no question of automatic cancellation, without delivery of allotment letter to complainant. "We also award the compensation of Rs 50,000 including litigation expenses to complainant for harassment," it said.
The forum also noted that Indian Overseas Bank had no privity of contract with complainant except as to deposit of registered money, which it performed and no deficiency on that account can be alleged against it.
Raghav had told the forum that she got registered for the scheme by depositing Rs 1,50,000 with Indian Overseas Bank, and waited for the draw to be held in April, 2011.
When she did not hear anything from DDA, she considered herself as unsuccessful.
However, her Indian Overseas Bank statement showed that in March 2012, it (bank) deducted the amount to account of DDA, a sum of Rs 1,55,491 and thus, she became aware that she was successful, she said.
On enquiry from DDA, she was told that allotment was made but she did not deposit the balance as per terms of letter, therefore, it was automatically cancelled.
She then filed a complaint of deficiency.
The DDA, however, stated that it had sent the letter of allotment through Axis Bank along with requisite form with covering letter and this was dispatched in August 2011, from the Post Office.