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2008 Supreme(SC) 1315

ALTAMAS KABIR, MARKANDEY KATJU
V. N. Bharat – Appellant
Versus
D. D. A. – Respondent


Advocates appeared:
For the Appellant :Ravindra Shrivastava, Sr. Adv., Arun Kumar Beriwal, Kunal Verma, Rajul Shrivastav, Ms. Supriya Jain, Krishan Kumar and Anup Jain, Advocates.
For the Respondents:Manika Tripathy Pandey and Rohit Sharma, Advocates.

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 instalments 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 co












































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