SATPAL BAKSHI Vs. TECHNOLOGY PARKS LIMITED

JUDGEMENT

(1.) This disposes of the application filed by Shri Sat Pal Bakshi, New Delhi under Sec.12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act) seeking compensation from the respondent-Technology Parks Ltd. , New Delhi on the ground that the latter indulged in unfair trade practices.

(2.) The facts as contained in the compensation application can be briefly summarised as below : the respondent issued a Brochure in July, 1993 calling on the general public to book flats in Park Apartment Scheme at Vaishali near Ghaziabad being constructed by it. In response to this the applicant booked one flat with the respondent by paying Rs.15,000/-as registration amount. The respondent had promised to complete the possession of the flat within three years. The applicant has paid a total amount of Rs.41,000/-up to 8.8.1994. The respondent failed to fulfil its promise to hand over the flat and has not refunded the money.

(3.) Since the respondent failed to file a reply to the notice of the compensation application and was also not represented in the hearings of the Commission, the proceedings against it were set ex parte on 26.11.1998. Thereafter, the applicant filed his affidavit of evidence. Since the respondent was not appearing before the Commission, ex parte arguments advanced by Mr. N. R. Samy, Advocate for the applicant were heard on 10th February, 1999.