AFFABLE ENTERPRISES Vs. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The complainants have filed a complaint petition under Sec.10 (a) (i) read with Sec.36b (a) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as "the Act") charging the respondent with adoption of and indulgence in unfair and restrictive trade practices. The complainant No.1 is a partnership firm in the name and style of "m/s. Affable Enterprises" and has seven partners, who are all signatories to this complaint petition.

(2.) The complainants applied for two commercial plot Nos. F-15 and F-16 measuring 60 sq. mtrs. and 90 sq. mtrs. respectively, in Sector 18, NOIDA in the complex known as "mansarovar Commercial Centre". According to the brochure, issued by the respondent, the total cost of the plot Nos. F-15 and F-16 was Rs.11,10,000/- and Rs.18,31,500/- respectively. With their applications for allotment, the complainants deposited an amount of Rs.40,000/- being registration fee towards each of these two plots in question. Subsequently, after a lapse of two years, the respondent vide its letter dated 4th September, 1996 informed the complainants that their applications for allotment were rejected and the registration fee deposited by them amounting to Rs.80,000/- in respect of these two plots, in question, was refunded through Cheque No.084260 dated 22nd May, 1996 drawn on State Bank of Patiala. It has been further stated that this letter was issued by the respondent when the complainants, vide their letter dated 1st November, 1994, sought permission of the respondent to amalgamate these two plots and use them as a restaurant and also use the terrace for infrastructural facilities such as water storage, solar heaters etc. as well as for seating their guests.

(3.) It has further been stated that the respondent, vide its letter dated 17th March, 1998 intimated to the complainants that the plot No. F-15 (measuring 60 sq. mtrs.) and plot No. F-16 (measuring 90 sq. mtrs.) in Sector - 18, NOIDA, could be allotted to them @ Rs.1,16,933/- per sq. mtr. , which was the prevailing rate and they were asked to deposit 25% of the total value of the two plots, in question i. e. Rs.70,15,980/- and Rs.1,05,23,970/- respectively, and the balance amount in instalments. The grivance of the complainants is that the respondent could not legally recover from them a rate in excess of Rs.18,500/- per sq. mtr. in respect of plot No. F-15 and Rs.20,350/- per sq. mtr. in respect of plot No. F-16.