ANJANA PARASHAR Vs. VICE-CHAIRMAN GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) As both the applications pertaining to the same subject matter, involve the same cause of action, they are taken together for disposal.

(2.) The applicant filed an application under Sec.36b (a) of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act) charging the respondent-Ghaziabad Deve-lopment Authority with adoption of and indulgence in unfair trade practices for not handing over the possession of plot after its allocation and receipt of the full amount. For the aforesaid practices, she has also claimed compensation in the form of payment of interest @ 24% on the amount deposited and Rs.10,000/- towards litigation cost. The latter is vide application filed under Sec.12b of the Act.

(3.) As per both the applicants, the respondent has invited applications for allotment of plots in 'karpuripuram Scheme' instituted in the year 1991. The applicant was allotted a plot of 60 sq. mtrs. (Tye E category) vide letter dated 1.7.1991. As demanded, the payment in full was made in various instalments as per schedule of payments given by the respondent. The last and final instalment was paid on 3.7.1994. The respondent in a notice published in one of the national newspapers i. e. 'times of India' dated 10.6.1997 informed applicants that the scheme 'karpuripuram' stands cancelled. It was further informed that the parties would be entitled to interest at the rate of 5% on the deposits till 30.6.1997 and that no interest would be paid on the refund given after the aforesaid date. Abandonment of the scheme without assigning the reasons thereto is stated to be unfair trade practice on the part of the respondent for which applicant/complainant is to be suitably compensated.