SITALAKSHMI SARMA Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this petition filed under Sec.12b of the Monopolies and Restrictive Trade Practices Act, 1969 (the MRTP Act for short), the applicant has challenged the respondent's right to deduct an amount equal to 20% of the amount deposited in a situation where the allotment is surrendered after 30 days from the date of allotment.

(2.) For proper appreciation of the point at issue, it is necessary to briefly state the background of the case. In response to an advertisement released in the newspapers, the applicant applied for allotment of a plot measuring 150 sq. mtrs. in the ALPHA Residential Scheme of the respondent and deposited an amount of Rs.12,750/- by way of registration money. The respondent vide its letter dated 2.6.1992 allotted a plot and asked the applicant to deposit the balance amount of Rs.1,14,500/- within 45 days from the date of allotment i. e. by 14.7.1992. Being unable to deposit the aforesaid amount within the stipulated period of 45 days, the applicant requested the respondent for extension in the period of payment from 45 days to 90 days. The respondent, however, granted an extension of 30 days subject to payment of interest @ 20%. The applicant finally deposited the balance amount on 10.9.1992.

(3.) It is stated that in terms of the letter of allotment, the draw of lots for specific plot numbers was to be held in the last quarter of the year 1993 and the possession of the plot was to be delivered in March, 1994. It has been alleged that there being no indication or intimation of any such thing happening, the applicant surrendered the allotment on 15.3.1994 and claimed refund of the amount deposited by her. The bank receipts of deposits duly discharged by the applicant were also sent to the respondent on 16.5.1994. About two months later, the respondent refunded the amount of Rs.96,294/- vide Cheque No.483207 dated 2.7.1994 after deducting an amount of Rs.31,206/- which was equal to 20% of the total amount of Rs.1,27,500/- deposited by the applicant.