NEERU MISRA Vs. MARUDHAR SERVICES LTD

JUDGEMENT

(1.) The applicant/complainant, Mrs. Neeru Misra (hereinafter referred to as applicant) has filed a compensation application under Sec.12b read with Sec.36a, 36a (i), (ii), (iv) and (vi) of the Monopolies and Restrictive Trade Practices Act, 1969 alleging indulgence in unfair trade practices by the respondent M/s. Marudhar Services Ltd. , 4, Community Centre, East of Kailash, New Delhi and its Chairman Shri Ashok Mehta (hereinafter referred to as R-1 and R-2) and claiming compensation for the loss suffered. Briefly, the facts of the case are listed in the following paragraphs.

(2.) The applicant allured by fascinating and high profile advertisements, i. e. 'money grows on tree' enquired about the truthfulness of the advertisements from the respondents. The applicant applied for one unit in "swati Investment Plan" by making payment of Rs.1,000/- vide Application No.31518 towards the booking amount. The respondents vide their letter dated 5.8.1986 informed the applicant about the project and enclosed a copy of 'procedure for Documentation and Registration'. The applicant further deposited an amount of Rs.10,000/- on 30.8.1986 as asked for by the respondent. The respondent issued Receipt No.649 dated 5.9.1986 for the same which is on record of the case.

(3.) The respondent vide their letter dated 7.10.1986 informed the applicant that Unit No. N-III in Rishabh Park with option B has been allotted to him and intimated that the investor shall get Rs.50,000/- and a plot of one acre at the end of six years. The applicant deposited the balance amount of Rs.24,000/- and the respondents acknowledged the receipt of this amount vide their letter dated 18.11.1986 and informed the applicant that he will shortly hear from their documentation/legal department about the completion of documents.