MUKUL JAIN Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The applicant Shri Mukul Jain has made an application under Sec.12b of the MRTP Act, 1969 (the Act for brief) charging the respondent with adoption of any indulgence in unfair trade practices and stating therein that he applied for allotment of a D type plot measuring 90 sq mt. in Self Financing Scheme (SFS) Code 610 in Karpoori Puram, Ghaziabad, floated by the respondent, at an estimated cost of Rs.81,000/- and along with his application No.3612 deposited registration amount of Rs.8,120/- on 5.3.1991. His grievance is that although the plot applied for by him was reserved on 28.6.1991 and, thereafter, he made payment of the reservation amount of Rs.12,150/- and thereafter six instalments of Rs.10,125/- each along with interest thereon, for late payment, and even though the total amount of Rs.97,492/- was paid by him, within the prescribed time limit upto 30.8.1994, possession of the plot was not delivered to him. He has further complained that the respondent abandoned the aforementioned Karpoori Puram Scheme and informed him by a letter dated 1.5.1997 to take refund of amount deposited by him with 5% interest after surrendering the paid receipts issued by the respondent. In his present application the applicant has claimed not only refund of the amount with interest @ 21% per annum from the date of deposit till the date of refund, but also compensation of Rs.2.10 lakhs. It has also been prayed in the application that, in the alternative, a plot be allotted to him, in exchange, in either the Karpoori Puram Scheme or another scheme with compensation of Rs.1.5 lakhs and interest @ 18% w. e. f. July, 1994 till the date of actual payment of the compensation amount.

(2.) A notice in respect of the applicant's Compensation Application was issued to the respondent and in reply thereto, the respondent admitted that the Karpoori Puram Scheme SFS, Code 610 under which the applicant had applied and was registered had since been abandoned, and the respondent was willing to refund the amount deposited by the applicant along with interest @ 5% provided the applicant surrendered the original receipts.

(3.) On completion of pleadings the following issues were framed : (1) Whether the respondent has been indulging in the unfair trade practices as alleged in the compensation application (2) Whether the applicant has suffered any loss or damage on account of the alleged unfair trade practices (3) Relief, if any