OM PRAKASH SINGHAL Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS relates to the Compensation Application filed by Shri Om Prakash Singhal under Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969 (the Act for brief) against the Ghaziabad Development Authority (GDA).

(2.) THE case of the complainant in brief is that in response to the advertisement of the respondent in this case, the GDA, he applied for a plot of land in the proposed township, Karpuripuram in 1991. THE possession of the plot was promised within three years of registration. THE applicant was allotted a plot and as demanded by the respondent he paid the registration amount, the reservation amount and five instalments amounting to Rs. 86,084/ - between 8.3.1991 and 30.3.1994. After payment of the fifth instalment, he found the GDA had not even acquired the land for the Scheme and no development activity for the Scheme like the building of roads, provision of electricity, etc. had started. He, therefore, applied in May, 1995 for refund of the deposits made by him. THE respondent refunded a sum of Rs. 84,039/ - in four instalments between 19.1.1996 and 26.4.1996. He alleges unfair trade practice on the part of the respondent in their dealings with him. He claims, apart from interest on his deposits, compensation for the expenses incurred by him in pursuing this case and for mental agony undergone by him.

(3.) AFTER the pleadings were complete, the following issues were framed :