Holding the DDA guilty of unfair trade practice, Delhi state consumer commission has directed it to hand over a flat to a man, who had registered in a 1985 scheme but the housing authority delayed grant of possession, revised the price without justification and also cancelled allotment over non-payment of dues.
The Delhi State Consumer Disputes Redressal Commission panel, comprising judicial member S A Siddiqui and member S C Jain, rejected Delhi Development Authority's appeal against the order of a district consumer forum and directed it to hand over the flat to Mukesh Kumar, who had booked it in 1985 but was not allotted the same over alleged non-payment of dues.
"The material on record clearly shows an act of deficiency of services and unrestrictive trade practice on the part of Appellant/OP (DDA) as they have first failed to explain the reasons of delay in allocation of flats in the year 2000 which were likely to be made available for possession in August 1993...."
While upholding the district consumer forum's order, the commission further said that no explanation with regard to the reasons of change in the schedule of payment and other terms and conditions was given by the DDA.
"It is amply proved that the DDA had exploited their dominant position in delaying allotment of flat and also demanding an amount to be deposited by way of a different schedule from time to time and revising their prices without any justification, cause or reason thereof.
"We are...Led to the conclusion that the conduct of the appellant in denying the possession to the Respondent (Kumar) till date is highly oppressive, constituting not only deficiency of service but also unfair trade practice..." it said.
The complaint, filed by Kumar, had alleged that DDA had taken a period of nearly 10 years to hold the draw of lots and allot a flat to him, along with arbitrarily raising the price of the flat. It also said that the authority later cancelled the flat.
