ASHUTOSH AHLUWALIA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Shri Ashutosh Ahluwalia has made a composite application under Sec.36a and Sec.12b of the Monopolies and Restrictive Trade Practices Act, 1969 (the Act for brief) against the respondents, Haryana Urban Development Authority (HUDA) and Industrial Assistance Group (IAG) through its Chief Coordinator. It has been alleged in the complaint that the respondent No.1 issued an advertisement in the leading newspapers inviting applications upto 5.10.1994 from prospective entrepreneurs for allotment of industrial plots of 1, and acre @ Rs.750/- per sq. meter in Electronic Hardware Technology Park (EHTP), Sector 34, Gurgaon. The applicant/complainant who is a non-resident Indian, obtained an application form and brochure for Rs.100/- from the Industrial Assistance Group (IAG) and applied for allotment of acre of plot in the name of Best Power Systems and gave a demand draft of Rs.1,57,500/- being 10% of the cost of the land to the Estate Officer, HUDA, Gurgaon. It has been further stated that in response to his application he was called for personal discussion and evaluation of his project on 21.11.1994. In his meeting with the Plot Allotment Committee he furnished details of his proposed project and also justification for allotment of acre of plot to him. Subsequently, he was asked by the IAG to submit the project report and other supporting documents. He was, later on, informed by the Senior Manager (Electronics) IAG vide his letter dated 29.6.1995 that it has been decided to offer him an industrial plot measuring 500 sq. metres at Udyog Vihar, Phase-VI, Gurgaon or 1/8 acre of industrial plot at the Industrial Estate, Bahadurgarh and that he should give his acceptance of the offer of either of the two plots.

(2.) It has been further stated by the applicant/ complainant that he conveyed his acceptance of the plot measuring 500 sq. metres at Udyog Vihar, Phase-VI, Gurgaon vide his letter dated 10.7.1995. At the same time, he also requested that he should be given the minimum notified size of plot of acre keeping in view his requirements for land and the nature of the project. He was, however, informed that plot No.74 measuring 500 sq. mts. at Udyog Vihar, Phase-VI had been allotted to him. Later on during his visit to HUDA he was informed that his consent to transfer his application and earnest money of Rs.1,57,500/- to IAG was needed and accordingly he gave his written consent on 19.2.1996 for transfer of his earnest money from HUDA to IAG.

(3.) It has been further added that he followed up his case and he was informed that as per the new industrial policy the plots in Gurgaon were to be auctioned since these were located in the High Potential Zone and that a plot allotted to him earlier could not be offered to him and the earnest money of Rs.1,57,085/- was refunded to him after deducting the Bank charges of Rs.415/-. The grievance of the applicant/ complainant is that although according to the advertisement he should have been allotted an industrial plot of minimum size of of an acre in EHTP, Gurgaon on the basis of his application and the earnest money deposited by him, possession of a smaller size plot of 500 sq. meters was not handed over to him in spite of its formal allotment and his acceptance of the allotment. Even if the policy with regard to allotment of plots was changed subsequently, he could not have been deprived of the plot as the allotment was made to him much before the new policy was introduced. He has further complained that the prices of the land in that area have since gone up from Rs.750/- per sq. meter to about Rs.10,000/- per sq. meter and it is an unfair trade practice on the part of the Government of Haryana and the respondents to take advantage of the situation, when according to the industrial policy the respondents are expected to sell the plots on 'no profit no loss' basis. It has also been stated that the applicant-complainant's earnest amount of Rs.1,57,500/- has been kept by the respondent and no interest has accrued on it and thus he has been deprived of utilizing this amount in other productive investments.