The apex consumer commission today directed DDA to give a flat or pay Rs 30 lakh to a government employee who was forced to move from "pillar to post" for the past 18 years to get possession of the house which was alloted to him in a lucky draw by the authority.
National Consumer Disputes Redressal Commission (NCDRC) bench headed by Justice V B Gupta held Delhi Development Authority (DDA) guilty of "unfair trade practice" by indulging in "double allotment" as the flat was already alloted to someone else and also imposed Rs 5 lakh fine on the authority for harassing the man.
It asked DDA to recover the damages from salaries of "delinquent officials" who had been pursuing the "meritless litigation". Out of Rs 5 lakh, Rs 2.5 lakh would be given to the complainant and rest Rs 2.5 lakh would be deposited in the commission's Consumer Legal Aid account.
It upheld the decision of the Delhi state consumer commission which had directed DDA to provide complainant D C Sharma, a Delhi resident, another flat of the same description on the same condition in the same locality or nearby or pay Rs 30 lakh to him if the flat is unavailable because of sky rocketing prices.
The state commission had said since the flat was booked for Rs 5,03,348 in 1996-1997, Rs 24,96,652 as the escalated amount will be payable.
The NCDRC bench said, "We find no error/irregularity in the exercise of jurisdiction by the State Commission in the impugned order passed by it."
"We hereby impose punitive damages amounting to Rs five lakh upon the petitioner (DDA) for indulging in unfair trade practice and for causing undue harassment to the respondent...
"Further, petitioner should recover the damages from the salaries of the delinquent officials who had been pursuing this meritless litigation with the sole aim of wasting the public exchequer," the bench also comprising member Rekha Gupta said and also asked DDA to refund Rs 30,000 to the complainant which he had paid to it earlier.
The verdict came while dismissing DDA's appeal against the order of the state commission on the complaint of Sharma who had said he applied in DDA's expandable housing scheme in 1996 and after a draw of lots, he was alloted a flat in Narela in 1997.
