Hon'ble Judges/Coram:
Altamas Kabir and Markandey Katju

JUDGMENT

Altamas Kabir, J.

1. The appellant applied for registration in respect of a Category-II flat under the 1985 Sixth Self-Financing Housing Registration Scheme, advertised by the Delhi Development Authority (hereinafter referred to as the "DDA"). As per the scheme, the flats to be constructed on a Multi-storied basis was expected to be ready within a period of two years. In Clause 10 of the Scheme, the method of payment has been provided for as follows:

After a person has been allotted a flat he/she would be called upon to make the payments as per the following schedule:

25% (including the amount paid as registration deposit) as initial deposit on allotment/allocation.

20% after six months

25% after next six months

20% after next six months

10% when required to take over possession.

The Demand-cum-allotment letter, whenever issued to the allottees will indicate the prescribed dates by which payments shall have to be made in regard to the first four installments as mentioned above. For the fifth and final installment, a fresh demand letter will be issued separately and which may also include the possible increase in the cost of the flat.

2. As far as the first four installments are concerned, there is no difficulty since such payments had undisputedly been made by the appellant. The problem arose in connection with the payment of the fifth and final installment in respect of which a fresh demand letter was to be separately issued, which could include a possible escalation towards the cost of the flat.

3. Clause 13 of the Scheme provided that the allotment of specific flats would be made on the basis of "draw of lots" to be held by the DDA when the flats were completed. It was also stipulated that all persons registered under the Scheme, irrespective of the date on which they were registered, would be treated at par with each other.

4. Admittedly, the appellant had applied for registration of a semi-finished flat on payment of Rs. 10,000/- towards registration deposit in respect of the same. On 6^th December, 1991 the appellant was allotted a flat at Dwarka, Sector 3, Pocket-II, First Floor in Category-II and allotment letter was also issued to him by the DDA on 31^st December, 1991, wherein the schedule for payment of the first four instal........