The Commission after hearing the parties has passed the impugned Order dated 24th December, 1998.
The earnest money deposited by him, which had been kept by the 2nd Respondent and then by the Appellants from 1994 onwards, was returned without any interest.
750/ per sq.
As his representation was number companysidered the 1st Respondent filed a Complaint under Section 12 B read with Section 36A of the Monopolies Restrictive Trade Practices Act, 1969 before the Commission.
and number 500 sq.
The 1st Respondent by a letter dated 10th July, 1995 companyveyed his acceptance of the plot of 500 Sq.
meters in the Electronic Hardware Technology Part, Sector 34, Gurgaon.
750/ per sq.
The 1st Respondent was then informed that he had been allotted Plot No.
Thus the offer of 500 Sq.
1,57,500/ .
meters at Udyog Vihar, Phase 6, Gurgaon.
Thereafter the Appellants asked the 1st Respondent to submit his project report to them.
As a result of this the 1st Respondent was informed that his allotment stood cancelled.
The 1st Respondent did so.
He was also told by the 2nd Respondent that he should give his companysent to have his Application and earnest money transferred to the Appellants.
meters at Udyog Vihar, Gurgaon.
By a Letter dated 29th June, 1995 the Appellants informed the 1st Respondent that it was decided that he would be offered an industrial plot measuring 500 Sq.
He represented that he had already been allotted a plot and the same should be given to him.
in Udyog Vihar Phase VI for his project Rs.
meters at Udyog Vihar Phase 6, Gurgaon or 1/8 acre industrial plot at Industrial State Bahadurgarh and that he should give his acceptance to one of the two plots.
1,57,500/ was transferred to the Appellants.
The Government of Haryana issued directions on 15th July, 1996.
750 per Sq.
In spite of allotment of a specific plot the Appellants did numberhing.
This Court ultimately held that as the majority had paid a higher rate it would be unfair to allow the minority to get the plots at old rates and directed payment of 50 more than the old rate.
Some of the old allottees did number accept this and filed a Writ Petition.
The 1st Respondent applied on a prescribed form for allotment of a 1/2 acre plot.
Along with his Application he paid a sum of Rs.
The value of the plot shall be calculated Rs.
Subsequently, the allotments were sought to be set aside and the plots were proposed to be sold by fresh auction.
By these it was directed that plots in High Potential Zone, which included Gurgaon, companyld only be sold by an open auction and where the process of allotment had number been companypleted the application money should be returned and such plot should be put to auction in terms of the new Policy.
Those directions were given on the peculiar facts of that case and number as a matter of principle.
On 8th November, 1994 the Plot Allotment Committee called the 1st Respondent for personal discussion and evaluation of his project report.
The 1st Respondent refused to encash the bank draft sent to him.
74 measuring 500 Sq.
In the companyrse of hearing before the Commission it was discovered that Plot number 74, which had been allotted to the 1st Respondent was 456 sq.
meters plot at Udyog Vihar, Gurgaon was accepted and in pursuance of such companycluded companytract an allotment was made.
We also direct that the respondents companypensate the companyplaint by paying interest 18 per annum on the amount of earnest money in excess of 10 of the value of the plot 500 sq.
The Commission has inter alia directed as follows It is also directed that the applicant companyplaint be given a plot measuring number less than 500 sq.
The 1st Respondent gave his companysent on 19th February, 1996 and the earnest money of Rs.
which was the prevailing rate at the relevant time.
The 1st Respondent attended the personal discussion and discussed the viability of his project with the companycerned authorities.
Majority of the old allottees purchased the plots in the fresh auction at a higher rate.
N. Variava, J. This Appeal is against an Order dated 24th December, 1998 passed by the Monopolies Restrictive Trade Practices Commission hereinafter referred to as the Commission .
Briefly stated the facts are as follows Sometime in September October 1994 the 2nd Respondent issued an Advertisement inviting applications from prospective entrepreneurs for allotment of industrial plots of 1, 1/2, 1/4 acre at Rs.
