Sh. Suresh Kumar Gupta Vs. Delhi Development Authority - Court Judgment

Excerpt:

the case dealt with impermissibility in charge of interest, on delayed payment in allotment - the demand letter was sought to be quashed by the petitioner on the ground that similar flat holders were charged with lesser amounts - also there was error in computing the interest and the error was admitted by the delhi development of administration (dda) - it was observed that the petitioner has not received the previous demand letter hence was not liable to pay the erroneous demand with interest for the delayed payment - the ruling was in accordance to article 226 of the constitution of india - ordermanmohan sarin, j. 1. rule. with the consent of the parties the writ petition is taken up for disposal. 2. the petitioner mr.suresh kumar gupta has filed this writ petition seeking a writ of certiorari for quashing the demand letter dated 30.6.2000. a sum of rs.11,15,505/- was demanded in case the payment was made up to 25.1.2000. the petitioner came to the court complaining of discrimination as similar flat holders, were being charged lesser amounts. the petitioner accordingly even made a representation dated 4.9.2000 to the dda for rectification of the demand letter.3. respondent dda has filed a counter affidavit, wherein, it is fairly conceded that there was an error in as much as the api i.e. actual period interest, element was taken twice in the computation of the amount demanded. learned counsel for dda submits that the amount payable on the basis of the disposal cost worked out to rs.8,70,582 in stead of rs.10,83, 389/-. in view of the dda having conceded this error in the computation, i am of the view that even though the demand letter which was stated to have been sent on 30.12.1999 but was not received by the petitioner , the petitioner cannot be burdened with.....