Monopolies and Restrictive Trade Practices Commission
Ashok Kumar vs Ghaziabad Development Authority on 5 December, 2001
ORDER
C.M. Nayar, J. (Chairman)
1. The complainant has filed a complaint under Section 36-B(a) of the Monopolies and Restrictive Trade Practices Act, 1969 on the averments that in the year 1988 the respondent advertised a scheme for developing a new residential colony in Indirapuram wherein the allotment of plot/ house scheme was mentioned. The possession of the flat was declared to be given by the year 1991. The complainant applied for EWS (D/S) Basera in the Govindpuram S/F Housing Scheme. The details are referred to in paragraph 3 of the complaint which is referred to as below :
"(3) That the complainant applied for EWS (D/S) Basera in the Govindpuram S/F Housing Scheme, the details of the flat are given below :
(a) Allottee Code : 536 41B 1550
(b) Scheme name : Govindpuram S/F Housing Scheme.
(c) Property Category : EWS (D/S) Basera.
(d) Estimated Cost: G.F. Rs. 32,000/- F.F. Rs. 30,000/-.
(e) Registratin Amount: Rs. 3,200 /-
(f) Scheme Code : 538.
(g) Property Code : 41B."
2. The payments admittedly made by the complainant are referred to in paragraph 5 which may be referred to as below :
"5. That the payment made by the complainant are as follows :
3. The learned Counsel for the complainant has argued that the scheme did not materialise and the complainant is, therefore, entitled to the refund of his money along with interest. The respondent has filed 'reply on merit' to the complaint. The paragraphs (a), (b) and (c) are referred to as follows :
"(a) That the whole Govindpuram scheme got disputed as Satyaprakash & Ors. filed a writ-petition being numbered as CMWP No. 10931 of 1991 before the High Court of Judicature at Allahabad. It is submitted that the High Court vide order dated 24.4.1991 passed Stay Order and specifically directed that no construction activities shall be allowed on the land in question. The said Stay Order remained operative upto 16.12.1993 i.e. the day when the said writ-petition was dismissed by the Hon'ble Allahabad High Court. Thereafter Satyaprakash & Ors. and Om Prakash & Ors. filed a Special Leave Petition before the Hon'ble Supreme Court being numbered as SLP (C) No. 19781/1995 and SLP (C) No. 27684/ 1995. The Hon'ble Supreme Court vide order dated 12.4.1994 dismissed the said case pertaining to Satyaprakash & Ors. The case of Om Prakash & Ors. was dismissed later on by the Hon'ble Supreme Court.
(b) It was due to above facts on record and due to the Stay Order passed by the Hon'ble Allahabad High Court, the development of the scheme got affected and, therefore, there occurred delay in enforcing the project at Govindpuram including the construction of EWS Basera Flats at Govindpuram.
The true and correct copy of above mentioned Allahabd High Court orders dated 24.4.1991, and 16.12.1993 are annexed herewith and marked as Annexure-1 and Annexure-2 repsectively. True and correct copies of orders dated 12.4.1996 and 19.7.1996 are enclosed herewith and marked as Annexure-3 (Colly.),
(c) It is submitted that due to unavoidable and justified reasons it became impossible for the GDA to give possession of F-Block Flats to the allottees and, thefore, the GDA vide registered letter dated 13.10.1997 informed the complainant herein to the above effect and to take refund of amount deposited by him with 5% p.a. interest after getting verified original receipts from the concerned Bank. The GDA was ready and willing to refund the amount deposited by the complainant with 5% p.a. interest. A true and correct copy of said registered letter of GDA dated 13.10.1997 addressed to the complainant is enclosed here with and marked as Annexure-4."
4. The reading of the above paragraphs will indicate that the complainant could not be given possession of the flat in view of the reasons as explained by the respondent. We have, therefore, no hesitation for directing the respondent to refund the amount paid by the complainant with simple interest @ 12% per annum from the date of each deposit till the date of payment. It is ordered accordingly. The respondent shall also pay costs to the complainant which are quantified at Rs. 5,000/-. The amount shall be paid by the respondent within 6 weeks from today and an affidavit of compliance shall be filed within 4 weeks thereafter.