9911796707
TMI Blog2008 (5) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... New Delhi (in short 'the MRTP Commission') in R.T.P.E. No. 82 of 1998 by which the MRTP Commission had directed the GDA to deliver possession of a plot of 90 sq. mtrs. to the complainant/respondent in Govindpuram Scheme or any adjacent scheme at a price prevalent in the year 1988. 2. The dispute in this appeal pertains to the allotment of certain land by the GDA in its Govindpuram Scheme. In the complaint filed before the MRTP Commission by the respondent, it was alleged that the GDA had first allotted certain land to him and after many years, cancelled the allotment arbitrarily. The respondent also claimed the refund of the invested amount. Challenging the cancellation of allotment as arbitrary and also for refund of the invested money, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was not available, to hand over the possession of vacant plot of the same size to the respondent in other schemes nearby the Govindpuram Scheme at the previously decided price. Feeling aggrieved by this order, the GDA has come up in appeal in this Court. 3. Having heard the learned counsel for the parties and after going through the order of the MRTP Commission as well as the other available records, two questions crop up before us for decision of this appeal :- (i)Whether any unfair trade practice was resorted to by the GDA; (ii)Whether the MRTP Commission had the jurisdiction to direct the GDA to allot an alternative plot of land to the respondent at the previously fixed price under the MRTP Act. 4. Before we go into these questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e than one year 5 per cent simple interest shall be paid for the entire period of deposit. Col. 9.30 For the purpose of calculation of period of deposit the month of deposit and refund shall not be counted. Any period after the date of start of refund of registration amount of unsuccessful applicants, shall not be counted for the purpose of calculation of 'period of deposit'." Keeping the columns, as noted herein above, in mind, let us now proceed with the other subsequent relevant documents. A letter dated 10th of February, 1989 issued by the GDA to the respondent is one of the important documents that needs to be considered by us in disposing of this appeal. This letter indicates reservation of Plot E in Govindpuram Scheme and the estim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Govindpuram Plots Scheme in the name of the complainant and was allotted/reserved allottee code 9 No. 539 700 0070 for an approximate area of 90 sq. metres. 2.The complainant deposited Rs. 45,000 vide demand draft dated 10-4-1989 with the GDA within grace period and the balance Rs. 5,000 was paid vide demand draft dated 7-1-1990 with 18 per cent penal interest amounting to Rs. 750 and therefore, the complainant had deposited a total sum of Rs. 58,000 by the end of January, 1990. 3.The order of the Allahabad High Court in Satya Prakash v. State of U.P. dated 24-4-1991 nowhere 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 Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 36D read with sections 12A and 12B lay down the powers of the MRTP Commission in dealing with instances of unfair trade practices. None of the provisions seem to indicate that the MRTP Commission has the authority to do what it did in this case. The MRTP Commission has the power to impose damages or give compensation to the respondent as a mode of redressal for harm caused by the unfair trade practices, but it certainly cannot assume the powers of the civil Court because the action of the MRTP Commission in this case virtually amounts to grant of specific performance. 8. In this view of the matter and in view of the foregoing reasons, we consider it appropriate to remand this appeal to the MRTP Commission for decision afresh on the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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