AMITA KAUSHISH Vs. MARUDHAR WATCH AND WARD COMPANY

JUDGEMENT

(1.) This order disposes of the compensation application filed by Mrs. Amita Kaushish under Sec.12b of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act ). In the compensation application the applicant has levelled allegations that the respondent Marudhar Watch and Ward Company, New Delhi, indulged in unfair trade practices.

(2.) The facts of the case as contained in the compensation application briefly can be summarized as below : the applicant paid a sum of Rs.10,000/- in July, 1990 to the respondent for purchase of a plot of land in Sidha Park, Ballabhgarh in response to the advertisement issued by the latter. The respondent confirmed that the land would be registered in the name of the applicant and would be free from all encumbrances. The applicant was to pay the balance amount of Rs.80,000/- before registration of the plot and after satisfaction of documents relating to the land. The applicant on enquiries came to know that the plot of land offered was involved in litigation. There was no response from the respondent to the letters issued by the applicant in March, 1991 and April, 1994. The registered reminder dated 22.1.1996 from the applicant was received back as unclaimed.

(3.) The respondent Company filed a reply to the compensation application. The respondent has taken the stand that the applicant did not book /purchase any plot under any scheme of the Company. The applicant had only paid an advance of Rs.10,000/- and wanted to purchase a plot. The respondent had informed the applicant by means of a letter dated 20.10.1990 that the balance payment should be deposited by 30th November, 1990. Since the applicant failed to deposit the balance upto 4th April, 1991, the respondent cancelled the transactions vide its letter dated 4th April, 1991.