Legal Question in Administrative Law in India

Refund from dda

I applied for DDA residential apartments.I applied on the last date.So genuinely I did not read the conditions and applied in my name as well as in name of my wife.i.e I gave two applications.I took loan from uti bank.They charged Rs 5100 per application and asked for post dated signed cheques from me and my wife so that in case pf non allotment they can draw money from our accounts which would be credited by DDA.Now DDA has sent a letter that as per thier conditions no two members of the same family could apply and the application money of Rs 3 lakh i.e 1.5 lakh each has been forfieted and would not be given back.Meanwhile UTI bank presented the cheques and they bounced for lack of funds as our accounts were not credited by DDA. Now I have recd a letter from UTI bank that I give thier money back or face legal action.My contentions are following:

1)Since I applied through UTI bank by obtaining loan from them and their officer processed both applications simultaneously He should have cautioned us.But since UTI bank was getting Rs 5100 on each application,they rather instigated us to fill more and more applications.

2)It is unfair on the part of DDA to forfeit whole amount of both applications.Does the penalty justify the mistake?


Asked on 7/24/07, 4:43 am

5 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Refund from dda

WHAT THE HELL IS DDA DOING. it seems that they are now starting eating public money in open.

first wrong was done to you by UTI by not taking care and all that and then you have been badly cheated by DDA.

DDA has looted you and dont spare them in any case and u have good case i tell you. file criminal case against them and drag them everywhere.

consult me to know more. meet with original papers but dont waste time.

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Answered on 7/24/07, 3:11 pm
kavitha balakrishnan kpp associates

Re: Refund from dda

DDA - the intention of the DDA is to provide housing to all! so there is no wrong to place a condition that two application from the same family should be filed. and they have also informed the public about it.

you have have committed a mistake - by falling in without geting details and knowing of all the conditions.

the post dated cheques will be utilised only if allotments are provided - i don't think they would take the money for non-allotment!

in your case - you and your wife must have been given an allotment seperately by regular methods and while scrutinising the file for issuing allotment order they would have found out that you both are husband and wife and hence DISQUALIFIED for provisional allotment!

and as the allotment initial amount of Rs.3,00,000/- has been forfieted or withheld for the same reason.

uti is a agency - they are providing you a loan - since the developer is DDA they have grossly committed a mistake without going into the details issued loan to both of you.

what is the remedy?

write to the allotment and service manger DDA to cancel one allotment and also refund the forfieted amount.

The E.E and finally the MD DDA has the discreationary power to return the forfeited money in case of genuine mistake etc.,

REMEMBER IT CANNOT BE DEMANDED!

BUT the capital mistake has been committed by the Bank - call upon the loan manager, customer service cell and issue a letter/legal notice - that the mistake had happened abd loss incured only because of the mistake of the bank officials - hence you cannot be held liable and that you cannot pay the amount.

(i think i have given a detailed answer!)

for further clarifications and doubts mail us.

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Answered on 7/25/07, 11:49 pm
kavitha balakrishnan kpp associates

Re: Refund from dda

if you don't get any favourable answer from the DDA for all your written appeals -you can also file a writ petition!

consult a lawyer!

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Answered on 7/26/07, 12:19 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Refund from dda

Answer to question 1--If a wrong has been done, it is no defence to the wrong doer that he was instigated by another. In the present case, even instigation is unprovable. You cannot put the blame for your wrong doing on UTI.

2. Answer to Q 2-- Yes. It is unfair. You should file a complaint against DDA in Consumer Forum. It is better to do it through advocate. If you want, I can help you.

Reply to legal notice also needs to be sent to UTI.

M C Gupta

MD, LL.M.

Advocate and Medico-legal Consultant

[email protected]

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Answered on 7/24/07, 6:30 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Refund from dda

good afternoon

this is complete unfair and you should reply to the legal notice which they have served to you and also complaint in the consumer forum .

for further assistance call or meet in personal

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Answered on 7/24/07, 6:35 am


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