SUDHA GUPTA Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) An application has been filed on behalf of the respondent Nos.2 and 3 under Sections 12a (2) and 13 (2) of the MRTP Act, 1969 (the Act for brief) read with Order XXXIX, Rules 2a to Rule 5 of the Code of Civil Procedure, 1908 for vacation of the ex parte ad interim injunction order dated the 6th June, 1996. By virtue of the impugned order, the respondent No.1 was restrained from proceeding with construction on the plot No.1225 and further respondent Nos.2 and 3 who had made an application to respondent No.1 for allotment through sale of an executive home in DLF, Qutab Enclave, Gurgaon and had also paid an amount of Rs.20,04,355/- were impleaded as respondents Nos.2 and 3.

(2.) It is necessary to give brief synopsis of the facts of this case by way of background to understand the genesis of the present proceeding. A complaint was filed by Ms. Sudha Gupta under Sec.36a of the Act alleging unfair trade practices on the part of the respondent No.1, DLF Universal Limited. She also filed an application under Sec.12b of the Act seeking compensation from the respondent No.1. It was complained by her that she had booked a plot @ Rs.1,750/- per sq. yard and she paid a total amount of Rs.4,89,800/- and although she was informed through a letter of 18th January, 1993 that a plot had been allotted to her and an agreement had also been executed but subsequently, the allotment was cancelled on 2nd June, 1993 due to non-payment of certain instalments by her and she was advised to collect the refund cheque from the respondent by a letter dated the 5th January, 1994. She addressed a letter dated the 27th June, 1994 that in case the said plot had been resold to another person, she was entitled to mesne profit and if her dues were to be refunded, she should be sent a crossed cheque.

(3.) She approached the Commission alleging that the impugned agreement and, in particular, Clauses 9,10 and 11 thereof were unfair and void and that a cease and desist order should be passed against the respondent. She also filed an application for interim relief under Sec.12a of the Act and prayed that the respondent be restrained from transferring, reselling, registering, parting with the possession or creating any charge in respect of the plot in question. After considering the complaint petition, the compensation application and the interim relief application, the following injunction order was passed by the Commission on 18th August, 1994 : "issue notice returnable on 22nd September, 1994. In the. meantime, DLF shall not transfer or allot plot No.1225, DLF Qutab Enclave, Phase-IV to any person till further orders. "