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TMI Blog2008 (5) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest. It is difficult to conceive that the respondent was unsuccessful in the draw of lots as alleged by the GDA, which is the excuse given by them for not giving the possession of the plot to the respondent. It is an admitted fact that the GDA had already issued a reservation/allocation letter to the respondent and it is also a finding of the MRTP Commission that the respondent had paid the full amount of ₹ 58,000. This shows that the respondent was successful in the draw of lots because otherwise, where was the need for the GDA to issue the reservation/allocation letter to the respondent which also required him to make the necessary payments. In this view of the matter, we affirm the finding of the MRTP Commission that the act of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the invested amount. Challenging the cancellation of allotment as arbitrary and also for refund of the invested money, a proceeding was initiated at the instance of the respondent before the MRTP Commission alleging that the cancellation of the allotment by the GDA was not only arbitrary but also indicative of its monopolistic hold on the land and therefore, it amounted to an unfair trade practice under the MRTP Act. The GDA entered appearance and denied the allegations made in the complaint, inter alia, alleging that no specific allotment order was made by the GDA and, therefore, cancellation of the same did not arise at all. It was further stated by the GDA in their written objection to the complaint that the long delay was attribut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an alternative plot of land to the respondent at the previously fixed price under the MRTP Act. 4. Before we go into these questions, we may, at this stage, narrate certain other facts also, which would be required for decision in this appeal. In October 1988, the GDA had floated a housing scheme the particulars of which are reproduced as under. "Col. 3.40 This scheme relates to pay plan which says that the plots/houses under these schemes are being constructed under lump sum plan (code 1), self financing plan (code 2) and hire purchase plan (code 3). Col. 3.43 The reservation amount, as mentioned in column 8 of table 1 is to be paid within 30 days from the date of reservation letter. Col. 3.66 If payment fixed for such allotmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents that needs to be considered by us in disposing of this appeal. This letter indicates reservation of Plot E in Govindpuram Scheme and the estimated cost is shown as Rs. 55,800. The payment schedule as appearing from the same is as under : The due date for payment is 10-3-1989 and the amount due indicated in the said letter is Rs. 50,000. The conditions for taking account for non-payment is shown in the following manner ( i )The grace period of one month shall be given for payment of the above amount after the due date. ( ii )If the amounts payable to the GDA are not paid within the prescribed time limit, penal interest at the rate of 18 per cent per annum shall be payable along with the payable amounts. If the payment is not mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere mentioned that the area of the Govindpuram scheme had been reduced and therefore the reason given by the GDA was not supported by this order of the Allahabad High Court. 6. We have examined the findings of the MRTP Commission in the light of the materials on record. Having done that, it is difficult to conceive that the respondent was unsuccessful in the draw of lots as alleged by the GDA, which is the excuse given by them for not giving the possession of the plot to the respondent. It is an admitted fact that the GDA had already issued a reservation/allocation letter to the respondent and it is also a finding of the MRTP Commission that the respondent had paid the full amount of Rs. 58,000. This shows that the respondent was succes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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