JUDGMENT
R.C. Lahoti, J.
(1) This application seeks determination of the amount which the petitioner is liable to pay by way of cost price for the flat allotted to the petitioner in compliance with the order dated 6.11.95 disposing of Cw 203/95 filed by the petitioner.
(2) The petitioner had registered himself for allotment of a flat under the New Pattern Registration Scheme, 1979. The petitioner was to get a Mig flat, on hire purchase baas. In its judgment dated 6.11.95, the Court has found the petitioner entitled to allotment of a flat on 25.3.89 – the date on which the petitioner was allotted a flat. But that allotment was lost by him for no fault of his. There was a change in the address of the petitioner, due intimation whereof was given to the Dda but the concerning clerk did not bring the change on record of the file which lapse resulted into communications to the petitioner being sent to a wrong address and those being misdelivered. The court has directed the Dda to issue allotment-cum-demand letter to the petitioner within four weeks in respect Of flat No.11, Pocket C-8, Lawrence Road, Delhi on the same terms and conditions on which allotment was made on 28.3.89.
(3) In compliance with the order of the Court an allotment-cum-demand letter has been issued to the petitioner on 6.12.95/12.12.95. The disposal cost is shown as Rs.l,65,300.00 . Payment term is hire purchase. An amount of Rs.4500.00 already deposited by the petitioner is acknowledged. The petitioner is aggrieved by the following parts of the allotment letter :- “RS.26994.69To be deposited within 30 days from the date of issue of D/Letter. Thereafter interest @12% for the first month and 18% for 2nd and 3rd month will have to be paid. Note : As regards the interest on the initial amount and arrear instalments, the same will be subject the orders/clarification as may be given by the Hon’ble High Court on the application being filed by the DDA.”
(4) After the initial deposit, the petitioner is required to pay the balance amount in 120 instalments which are to commence from 10.8.89.
(5) Yet another grievance of the petitioner is that on the initial deposit of Rs.4,500.00 paid in the year 1970 he has been allowed interest only upto the year 1989 for no fault of his. He should have been allowed interest upto the date of actual allotment to him.
(6) It is submitted by the learned counsel for the Dda that the amount of initial deposit Rs.36300.00 should have been made by the petitioner in the year 1989 and as the amount is being paid by the petitioner now in 1995 he must pay interest on the same.
(7) It is not disputed that the petitioner having been delivered the demand letter on 7.12.95, has deposited the amount of Rs.26,994/69 (squared upto Rs.26,995.00 ) on 8.12.95.
(8) Having heard the learned counsel for the parties and having given a thoughtful consideration to all the relevant facts and circumstances of the case, we are of the opinion that the grievance raised by the petitioner is justified and deserves to be redeemed discarding the stand taken by the DDA. In face of the Division Bench judgment dated 6.11.95 it cannot be disputed that it is the respondent-DDA who has been responsible for delaying the allotment to the petitioner. The petitioner is not to blame. The allotment being of hire purchase category, it is admitted that with the payment of the initially deposit money the petitioner would have become entitled to possession of the flat. If only the allotment would have been made in the year 1989, the petitioner would have made the initial deposit, got the possession, and would have commenced payment of instalments. It is true that the amount of initial deposit would be realised to the Dda by a delay of about six years but then who is to be blamed? Not the petitioner, but the Dda itself. Secondly, if only the allotment would have been made in the year 1989, the petitioner would have enjoyed possession and occupation of the flat. If the Dda insists on payment of interest then it must also compensate the petitioner for depriving him of the possession and enjoyment of the flat for about six years. The loss occasioned to the petitioner on account of his having been deprived of the possession and enjoyment of the flat deserves to be balanced against the loss of interest to the Dda occasioned by belated recovery of money to it. The petitioner cannot be held liable to payment of interest on the amount of initial deposit.
(9) The learned counsel for the Dda has in support of his contention placed reliance on two Division Bench decisions of this Court wherein it is submitted that inspite of delay in allotment on the part of the Dda, the allottees have been held liable to pay interest on the amount due and payable by them. Avtar Krishan Sharma VS. Pda, (CW 2857/92) decided on 22.7.93 was a case of allotment of flats in Self-Financing Scheme category wherein the question of allotment arises only on full payment. N.Sahai & Ors. VS. DDA. (CW 5475/93) decided on 7.3.95 is also a case of an allottee under General Housing Scheme Mig of the year 1975. Both the case proceed on their own facts and do not have applicability to the facts of the present case. Moreover, the question of the petitioner (such as a registrant under higher purchase scheme of allotment of flats) having been wrongly deprived of the possession and enjoyment of the flat by the Dda did not come up for consideration before any of the two Division Benches deciding the cases relied on by the learned counsel for the DDA.
(10) The petitioner cannot also be deprived of benefit of interest on the amount of Rs.4500.00 realised by the Dda at the time of registration of the petitioner under the Scheme. It is not disputed that as per the scheme the interest has to be awarded on the amount of such deposit upto the date of allotment. If allotment has in fact been made on 6.12.95, the petitioner must be allowed credit for interest upto 6.12.95.
(11) The instalments commence only after allotment. In an allotment made on 6.12.95, the commencement of instalments cannot be antedated to 10.8.89.
For the foregoing reasons, the application is allowed and disposed of in terms of the following directions:- (1) on the amount of Rs.4500.00 the petitioner shall be allowed interest by the Dda upto 6.12.95 at such rate at which the interest is allowable in accordance with the scheme; (2) the petitioner shall not be charged any interest by the Dda on the amount of initial deposit of Rs.36,300.00 in view of the demanded amount having been deposited by the petitioner immediately on receipt of the allotment-cum-demand letter. (3) the monthly instalments shall be made to commence only after the date of delivery of the allotment-cum-demand letter. (4) The Dda shall deliver possession over the flat to the petitioner within a period of six weeks from today, subject to compliance by the petitioner of usual formalities as to documentation etc. Within this much time the Dda shall issue a fresh allotment-cum-demand letter to the petitioner which shall be dated 6.12.95/12.12.95. Credit shall be allowed to the petitioner for the amount of interest accrued on Rs.4500.00 calculated upto the date of letter of allotment. The amount of first payment called initial deposit shall be determined accordingly and adjusted out of the amount of Rs.26995.00 deposited by the petitioner on 8.12.95. The dates of monthly instalments shall be made to commence from a date falling sometime after the date of letter of allotment (i.e. 6.12.95) consistently with the scheme. The amount found to be surplus out of the amount deposited on 8.12.95 shall be adjusted against the earliest installments. The petitioner shall then be obliged to pay the amount of remaining monthly instalments as per the calendar of instalments.
The application stands disposed of accordingly.