“the allottee takes a flat on hire purchase basis since he is not in a position to make payment of the full price of the flat as a lump sum. Normally, an allottee who is possessed of the requisite funds to pay the entire price of the flat allotted to him, would accept the allotment on cash down basis or would get the allotment converted to one under the cash down payment scheme, if permissible. This is so because under the hire purchase scheme the allottee has to pay the instalments which have the inbuilt element of interest. The purpose of granting the facility to the allottee of taking a flat under the hire purchase scheme is to provide comfort to the allottee of making payment in easy instalments, though with interest, since he may not be possessed of the entire funds to make a lump sum payment. The allottee may, by obtaining possession of the flat, by making the initial deposit either use and occupy the flat himself, and thereby save on rent on other charges that he may be incurring by residing in some other premises, or may let out the same and derive income from the flat. In either case he would augment his resources to be able to make payment of the monthly instalments under the hire purchase scheme. However, if the DDA itself fails to offer possession of the flat to the alltottee, thereby depriving the allottee the right to occupy, use and exploit the allotted flat, and then demands that the allottee makes payment of 50% of the overdue instalments in a lump sum alongwith the penal interest before possession is offered, in my view, the DDA
