SHAKUNTALA KATHER Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Smt. Shakuntala Kather, resident of K-4, Bapu Nagar, Bhilwara-311001 has filed an application under Sec.12b of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act) seeking compensation from the respondent, the Delhi Development Authority based on allegations of indulgence in restrictive and unfair trade practices falling within the definition of Sec.2 (o) and Sec.36a respectively of the Act.

(2.) The brief facts relating to the case as contained in the Compensation Application can be summarized as below : shri K. L. Kather, husband of the applicant had booked an MIG flat with the respondent under the Registration Scheme - New Pattern 1979. He had paid an amount of Rs.4,500/- as the registration amount on 28th September, 1979. For several years thereafter the applicant had not received any information regarding allotment of a flat, Shri K. L. Kather wrote a letter on 18th December, 1986 to ascertain the position regarding the allotment in which he had intimated the change of his address. The new address was at Bhilwara, Raj as than. On the death of Shri K. L. Kather the applicant wrote to the respondent on 3rd September, 1990 requesting for transfer of registration in her name. The respondent had asked the applicant on 9th March, 1991 to deposit Rs.100/- as charges for late intimation of death. The amount was deposited by the former on 3rd April, 1991 and intimated to the respondent through a letter on the same day. Since there was no response from the respondent, she had written to the Lt. Governor of Delhi on 15th June, 1993. In the original Compensation Application the applicant had claimed compensation amounting to Rs.7,19,500/- which included the estimated monetary loss suffered by the applicant in going in for alternative accommodation elsewhere.

(3.) The respondent filed a reply to the Compensation Application in which it had stated that the original applicant for the flat Shri K. L. Kather was allotted Flat No.39, Pocket 10, Block D, Sector 15, Rohini on the basis of draw of lots on 18.1.1991. The demand-cum-allotment letter was sent to the address available in the records of the respondent by registered post and the same was received back with the remarks "no such person". The fact of the respondent having asked the present applicant in the Compensation Application to deposit Rs.100/- as charges for late intimation of death was, however, admitted. The respondent denied the receipt of the letter from the original applicant dated 18.12.1986 intimating the change of address.