GHAZIABAD DEVELOPMENT AUTHORITY Vs. HARDEV KUMAR SEHGAL

JUDGEMENT

(1.) This appeal, by grant of special leave, is directed against the order passed by the Monopolies and Restrictive Trade Practices Commission (for short "the Commission") in CA No. 138 of 1994 wherein the Commission has directed the appellant to refund the sum of Rs. 4,20,020 (Rupees four lakhs twenty thousand and twenty only) deposited by Hardev Kumar Sehgal, the respondent herein, (since deceased and now represented through his legal representatives) with interest with effect from the date of deposit of the respective amounts.

(2.) The Ghaziabad Development Authority, for short "GDA", floated the housing scheme called "Indrapuram Plots Self-Financing Scheme". A number of applications were received in response to the said Scheme including one by the respondent herein. Clause 10.00 provides for surrender/cancellation in different situations defined in sub-clauses 10.10, 10.20, 10.30 and 10.40. Clause 13.00 provides various situations of handing over possession. These are given in sub-clauses 13.10, 13.11, 13.20, 13.30 and 13.40. Clause 15.00 provides the expected period of possession of the plot to be within 2 years from the date of floating of the Scheme.

(3.) The respondent Hardev Kumar Sehgal, since deceased and now represented through his legal representatives, applied for allotment of 350 sq metres plot in the category of Plot A and deposited the registration fee of Rs 42,000 (Rupees forty-two thousand only) on 31.7.1989. He was issued a reservation letter on 5.11.1989 reserving a plot for an estimated cost of Rs 4,20,020 (Rupees four lakhs twenty thousand and twenty only) which was to be paid in six equal instalments payable after every six months. The payment could be made up to 4.11.1992. The respondent instead of paying the amount in instalments paid the entire balance amount of Rs. 3,78,000 (Rupees three lakhs seventy-eight thousand only) on 4.1.1990.