LAWS(NCD)-1999-5-212

RENU GUPTA Vs. G D A

Decided On May 28, 1999
RENU GUPTA Appellant
V/S
G D A Respondents

JUDGEMENT

(1.) Ms. Renu Gupta has filed a complaint under Sec.236b (a) of the MRTP Act, 1969 (the Act for brief) charging the respondent, Ghaziabad Development Authority (GDA) with adoption of and indulgence in unfair and restrictive trade practices. It has been alleged by the applicant/complainant that in response to an advertisement, she applied for a plot measur- ing 120 sq. mtrs. at an estimated cost of Rs.1,08,000/- under the Karpuri Puram Self- Financing Scheme on the 2nd March, 1991 and paid a sum of Rs.10,800/- as registration amount and Rs.16,200/- as reservation amount on the 30th August, 1991 and subsequently six instalments of Rs.13,500/- each with interest. The last instalment was paid by her on 27th August, 1994. The grievance of the applicant/ complainant is that although it was indicated by the respondent that the possession of the plot would be given within a period of three years, neither the possession has been handed over nor any documents executed and instead, on the 12th September, 1997, she was informed by the respondent through a letter that the Karpuri Puram Scheme had been abandoned due to unavoidable reasons and the applicant could collect the deposited amount alongwith interest @ 5% per annum and subsequently, in fact, a cheque was also sent to her on the 18th December, 1998 but it has not been encashed so far.

(2.) It has been further complained that fresh applications have now been invited by the respondent for a new scheme known as the Swaran Jayanti Puram at three times the prices of plots under the original scheme of Karpuri Puram. It has been alleged that the new scheme has been floated at the same place where the Karpuri Puram Scheme was to come up and the price of the plot of land which was originally Rs.1.08 lakhs for 120 sq. mtrs. has been raised to Rs.2.88 lakhs while the area of the plot has been reduced to 112 sq. mtrs. in order to fetch much higher prices for the same plots as a result of which unjustified costs have been imposed upon the allottees and this action of the respondent falls within the ambit of the provisions of 36a (1) and 2 (o) (i) and (ii) of the Act.

(3.) An application for interim relief under Sec.12a of the Act has also been made praying that the Swaran Jayanti Puram Scheme may be stayed and registration of applicants for allotment of plots should be frozen. The above application came up for consideration on the 17th March, 1999 when an order was passed by the Commission directing the respondent to refrain from registration and booking of plots in the new scheme by the name of "swaran Jayanti Puram"