DEEPAK KAUL SQH Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This complaint has been filed by the complainant under Sec.36a of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the Act) against the respondents. The complainant applied on 4th March, 1991 for allotment of a residential flat of Kalpna Triple Storey Residential Category in the KARPURI PURAM' housing scheme of the respondents by filing an application for registration bearing form No.1173, which is filed as Annexure P3 to the complaint. The respondents had accepted the application form of the complainant and reserved a house by allotting Allottee Code No.609-31 C- 0007. The payments were made on different dates as will be evident from reading paragraph 7 of the complaint, which may be reproduced as below : "according to the terms and conditions stipulated by the respondents themselves possession of the flat was to be given to the applicant by March, 1994. The petitioner accordingly made all the 60% of the total amount by 30.7.1992. The complete break up of the payments is as follows : Date Payment made 4.3.1991 Rs .15,020.00 with application.30.8.1991 Rs .15,000.00 1st Instalment 30.1.1992 Rs .15,675.00 2nd Instalment 30.7.1992 Rs .15,675.00 3rd Instalment

(2.) The learned Counsel for the complainant has contended that neither the flat has been allotted nor any money has been refunded. The total amount as paid by the complainant amounts to Rs.61,370/-.

(3.) We have heard the learned Counsel for the complainant. No one appears for the respondents. The payment of amount made by the complainant, however, has not been denied by the respondents and paragraphs 6 and 7 of their reply may be reproduced as below : "6. That the contents of para 6 are admitted to the extent that the complainant has deposited Rs.60,000/- which includes interest payable along with the instalmentes. The Scheme has since been abandoned for ; the unavoidable circumstances, the statement relating to the percentage of deposit the cost are irrelevant and have no significance. The answering respondent is already offering refund along with 5% interest even the complainant in one of his letter dated 29.1.1997 has intended to collect the refund and the answering respondents are prepared to make the refund along with 5% interest.7. The contents of para 7 need no comments except that the total deposits made by the complainant are Rs.60,000/-. "