VEENA GANDHI Vs. TECHNOLOGY PARKS LTD

JUDGEMENT

(1.) This order shall dispose of Compensation Application filed by Mrs. Veena Gandhi, w/o Shri Ashok Gandhi, r/o C-680, New Friends Colony, New Delhi- 110065 (hereinafter referred to as applicant) under Sec.12-B of the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as the Act) against M/s. Technology Parks Ltd. , 50 and 51, Regal Building, Parliament Street, New Delhi-110001 (hereinafter referred to as respondent ).

(2.) During 1993, the respondent issued an advertisement in various Newspapers announcing its scheme titled "park Apartments at Vaishali, Ghaziabad. The applicant got attracted and contacted the office of the respondent, who handed over a Form bearing No.5005 through which she opted for (800 sq. ft.) three bedroom flat and deposited a sum of Rs.20,000/- on 5.10.1993. The respondent issued Receipt No.1939 dated 5.10.1993 for the said amount incorporating therein "booking amount (Confirmed Allotment)". The respondent vide its letterdated31.10.1993 informed the applicant that she has been allotted a flat in the proposed scheme bearing No.1328e on the XIII Floor in the proposed complex of an approximate super area of 800 sq. ft. and annexed a detailed the payment schedule, which is on record. The applicant deposited an amount of Rs.25,000/- vide Cheque No.907263 and respondent issued Receipt No.2560 for the same. The applicant was then handed over the Allotment Agreement Deed, which was required to be executed subsequently. . The respondent thereafter demanded sum of Rs.8,500/- against laying of foundation as required in terms of payment schedule. The applicant deposited this amount on 23.12.1993 and Receipt No.2921 was issued by the respondent.

(3.) Suddenly during January, 1994 a notification appeared in the local newspaper cautioning the public that the plans of the Park Apartments in Vaishali Township, Ghaziabad have not been approved and the applicant immediately contacted the respondent, who informed her that there was some misunderstanding and everything will be sorted out and she will be informed accordingly. The lady after waiting for sometime, visited the site and was shocked to see that there was no progress. Since the respondents were evading from signing the agreement and were not developing the site, she requested them to refund the sum of Rs.53,500/- which has been deposited by her vide her letter dated 13.6.1994. Inspite of various reminders, the respondents never paid heed to her requests for refund of the amount in question. Thereafter, the applicant sent a legal notice on 2.8.1995, which too bore no fruits.