TAJINDER PAL SINGH Vs. SURYA PROMOTERS AND DEVELOPERS

JUDGEMENT

(1.) This order will dispose of the above compensation application filed under Sec.12b of the Monopolies and Restrictive Trade Practices Act, 1969. The compensation application was first filed on 22.6.1993. Later on with the permission of the Court amended application was filed. The respondents No.3 and 4 filed reply to the above amended application. Rejoinders were subsequently filed by the applicant. There was no reply on behalf of respondents No.1 and 2. Respondents Nos.1 and 2 never responded to the notices issued to them by this Commission. Thus respondents 1 and 2 were proceeded ex parte. The issues were framed on 18.4.1994. Subsequently the applicant filed affidavits of witnesses which were examined by respondent Nos.3 and 4. The respondents No.3 and 4 also filed the affidavit of witnesses and the witnesses were examined by the applicant.

(2.) The relevant charges against the respondents made by the applicant are as under: "it is submitted that on or about the month of March/april, 1989, the respondents through advertisements in various newspapers and leaflets represented to the public that they are developing land/ colony by the name 'surya City' and that it is a free hold residential colony. It had been represented in the leaflet that Surya City will be a posh mini-city with all urban amenities, developed and planned etc. Acting on the said representations of the respondents, the applicant No.1 through his father, applicant No.2 booked a plot of land and paid to the first respondent a sum of Rs.29,750/- vide cheque No.208391 dated 22.4.1989 drawn on the State Bank of India for which Receipt No.000134, dated 22.4.1989 had been issued to the applicant by the first respondent. Soon thereafter the applicants learnt from an advertisement appearing in some newspapers given on behalf of U. P. Government that the said colony known as 'surya City' was unauthorised and warned the public against buying any plot of land in the said colony. On reading the said press note in the newspaper the applicants felt that the respondents had made false representations in the manner stated above and thus asked for refund of the money by letter dated 4.5.1989. "

(3.) The applicant further stated in its petition that respondent No.1 had refunded the money of Rs.29,750/- to the applicant vide cheque dated 2nd February, 1990 drawn on New Bank of India. This cheque was dishonoured. Since then no payment is made to the applicant by any of the respondents. The applicant, therefore, wants the refund of the money alongwith interest, expenses and mental agony.