GURDEV SINGH NAGI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Shri Gurdev Singh Nagi filed an application under Sec.12b of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act) seeking compensation from Delhi Development Authority, New Delhi. A notice was issued by the Commission to the respondent on 20th August, 1996.

(2.) The facts of the case as contained in the compensation application can be briefly summarized as below : the applicant constructed a building on plot No. C-342, Yojana Vihar and applied to the Delhi Development Authority on 7.6.1993 for conversion of the same property from lease-hold to free-hold. As per the scheme for such a conversion the applicant paid the first installment of conversion charges of Rs.2,873/- alongwith the application. The applicant also submitted a no-objection certificate on 10.11.1993 from the Government to whom the property was mortgaged. The DDA asked the applicant on 17.2.1994 to deposit the second installment of Rs.2,873/-. The applicant deposited the same with the State Bank of India on 9.9.1994 and sent the challan alongwith his letter dated 9.9.1994. The grievance of the applicant is that thereafter he sent several reminders to the DDA and also personally visited the office of the respondent but till the date of filing of the compensation application the respondent has not effected the conversion letter.

(3.) The respondent, DDA filed a reply to the compensation application in which the following main points have been made. It has taken the stand that the complainant who adopted to pay the conversion charges in installments did not intimate the respondent regarding the deposit of the second and final installments. It was only after the compensation application was filed, the information about the deposit of the second installment was received and the Conveyance Deed was issued to the applicant on 21.11.1996. The respondent denied that it indulged in any unfair trade practice.