LAWS(NCD)-1998-3-143

S C BITHAL Vs. DELHI DEVELOPMENT AUTHORITY

Decided On March 16, 1998
S C BITHAL Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This is a compensation application preferred by Mr. S. C. Bithal (applicant hereafter) under Sec.12b of the M. R. T. P. Act, 1969 alleging that the Delhi Development Authority (respondent hereafter) has indulged in certain unfair and restrictive trade practices visiting him with loss and damage. The averments of the applicant, in sum, are as follows:

(2.) The applicant is an officer of the Punjab National Bank in Kapurthala Distt. of Punjab. The Delhi Development Authority, the respondent introduced a "sixth Self-Financing Housing Registration Scheme" in 1985, in terms of which it intended to construct and offer for allotment to the persons registered thereunder, semi-finished flats of different types, designs and plinth areas. This scheme was different from other schemes, in that, it offered semi-finished flats as against finished flats offered in the other schemes. The respondent represented that the semi-finished flats would be constructed on muti- storeyed basis and would be expectedly ready within a period of two years. The allottees were given the freedom to have furnishings, flooring, doors, shutters, grills and sanitary fittings of their choice and need. It was also represented that the semi-finished flats would cost approximately 30% less than the cost of the finished flats and that the first list of flats under the scheme would be released after the closure of registration on 24th July, 1985.

(3.) Attracted by the above representations, the applicant applied for registration and deposited an amount of Rs.15,000/- towards registration deposit. The respondent issued a receipt for the said payment on 24th July, 1985. The scheme remained only on paper and did not see 'the light of the day'. The applicant has alleged that the strategy of the respondent was to invite fresh applications from the persons registered under various schemes against the same registration deposit and was to change the basic character of its representations regarding the impugned scheme.