ARUNA SEHGAL Vs. TECHNOLOGY PARKS LTD

JUDGEMENT

(1.) This order shall dispose of Compensation Application filed by Smt. Aruna Sehgal (hereinafter referred to as applicant) under Sec.12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as Act) against M/s. Technology Parks Ltd. , E-46, Greater Kailash Enclave Part-I, New Delhi-110 048 and its Chairman, Shri P. S. Sabharwal and Managing Director (hereinafter referred to as respondents 1, 2 and 3 respectively ).

(2.) During 1988, the respondent represented through numerous advertisements that they were developing and promoting India's first Hi-Tech residential complex 'park City' at Greater Noida. The applicant allured by the advertisements booked a plot measuring 299 sq. mtrs. @ Rs.255.75 per sq. mtr. The applicant deposited an amount of Rs.5,000/- on 5.10.1988 and Rs.25,588/- on 21.10.1988 towards 40% of the purchase price of the plot. The respondent allotted a Plot bearing No. B-32 in Park City vide its two letters dated 5.12.1988, which are on record of the case. Plot Buyers Agreement was executed between the parties on 27.1.1989 as required vide respondent's letter dated 29.12.1988. As per Clause 2 (d) (VI) of the aforesaid agreement, the internal development shall be within 3 years from the date of this agreement. The respondent kept on informing the applicant that the developed plot would be handed over to him in time as per schedule. The respondent vide its letter dated 6.3.1991 asked the applicant to pay the instalments in time failing which the respondent shall forfeit the amount deposited as per Clause 17 of the Plot-Buyer's Agreement. The applicant in addition to the initial deposited + registration amount deposited an amount of Rs.45,881.25 through 13 instalments from 20.12.1988 to 30.1.1992. The respondents vide letter dated 16.3.1992 demanded a sum of Rs.5,980/- towards first instalment of sewerage development, which was deposited by the applicant on 29.5.1992 vide Receipt No.16304. Thus, the applicant in all deposited Rs.82,449.25 on the belief of getting fully developed plot B-32 in Park City.

(3.) The applicant waited for 9 years for the physical possession of the said plot, which was supposed to be handed over to him as per terms of agreement on 27.1.1992. It is now well known that till date respondent has got no approval from the U. P. Govt, or even from the Greater Noida Industrial Development Authority despite of the fact that it had represented that it has obtained necessary approval/permission from the concerned authorities.