SURENDRA M MITTAL Vs. SKIPPER BUILDERS PVT LTD

JUDGEMENT

(1.) This disposes of an application filed by Shri Surendra M. Mittal, New Delhi under Sec.12b of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act), claiming compensation from the respondent-Skipper Construction Co. Pvt. Ltd. on the ground that the latter indulged in unfair and restrictive trade practice.

(2.) In his compensation application the applicant has stated that he paid the respondent Rs.10,000/- on 30.3.1992 as booking amount for buying an apartment in response to an advertisement of the respondent appearing in 'hindustan Times'. The respondent kept on assuring that draw for allotment would take place. Subsequently, the respondent stated that it would either make a firm allotment or refund the booking amount with interest. Later the cheques issued by the respondent for refund bounced and in its letter dated 18.8.1994 the applicant was informed that he would get his money back within a month's time. Since the respondent did not file the reply to the notice of the compensation application and also failed to appear before the Commission, the proceedings against it were declared ex-parte on 21.5.1998. Subsequently, the applicant also filed his affidavit of evidence reiterating the averments made in the compensation application.

(3.) I gave a hearing to the applicant who advanced ex-parte arguments. He also stated that enquiries made by him showed that the respondent Company has not gone into liquidation.