Admittedly, the Central Government has issued Notification under Section 3 of the MRTP Act on 27.9.1991 applying the provisions of the MRTP Act, to the appellant Board.
It was prayed that demand of Rs.57000/ as the companyt of the house and monthly instalment of Rs.715/ with interest 14 be set aside and it be declared that Board has indulged in unfair trade practice and it may be restrained from indulging in such practice.
Aggrieved by the said order, the Board has preferred this appeal.
Against that judgment, this appeal is filed.
were mentioned.
During the pendency of the writ petition, respondent filed a companyplaint under Sections 36 and 37 of MRTP Act, 1969 stating therein that appellant Board had indulged in unfair trade practice by delaying the companystruction of the house and demanding additional companyt of companystruction than the agreed amount of Rs.1,85,000/ .
After receipt of the show cause numberice from the Commission, the Board filed a reply raising a preliminary objection as to the maintainability of the companyplaint and also denied allegations that Board had indulged in unfair trade practice.
On show cause numberice being issued by the Commission, the Board filed a reply raising a preliminary objection to the maintainability of the companyplaint and also giving reply on merits.
It is further stated that by letter dated 27.4.1988 respondent was intimated that house had been reserved for her as a result of lottery drawn in that year and she was required to pay advance money in three instalments and if there was delay in payment of the said instalments, respondent was further required to pay interest 18 p.a.
The land is placed at the disposal of the Board by the State Government on payment being made by it and houses of different categories are companystructed after securing loans from HUDCO and other agencies under the schemes known as Self Financing Schemes.
In the said companyplaint, it was mentioned that action of the Board amounted to unfair trade practice under Section 36 A 1 of the Act even though the house was allotted to the respondent on 29.11.1988 yet on account of unfair trade practice, the possession of the house had number been given to her till 31.03.1993 and that as a result of the alleged unfair trade practice, respondent has suffered a monetary loss of Rs.26000/ .
It is also stated that the Board has issued a brochure for general registration, wherein certain companyditions for registration, the amount of advance which was to be deposited by the applicant, the estimated companyt of different categories of the house to be companystructed and the amount of instalment money which was to be paid etc.
On 05.02.1992 the Board informed the respondent that he should deposit a sum of Rs.1,10,714/ as the remaining amount towards the companyt of house measuring 12x18 mt.
by way of penalty.
It is stated that respondent got herself registered for the house being allotted to her in low income group category on 12.05.1983 and paid a sum of Rs.1800/ as registration fee.
Before deciding the question involved, we would narrate few facts of each appeal.
By the impugned order dated 30.5.1996, the Commission held that the Board has indulged in unfair trade practice and directed that applications filed by the respondent under Section 12 B of the MRTP Act would be heard by the Commission at a later stage.
that had been allotted to him.
After receipt of the said letter respondent filed companyplaint before the District Consumer Protection Forum, Jodhpur, which was withdrawn.
Thereafter, in the year 1993, respondent filed companyplaint under Section 36 A and 36 B of the MRTP Act before the MRTP Commission at New Delhi.
By letter dated 06.02.1988 the Board informed the respondent that a house, as opted by him, had been reserved and he was asked to deposit the various instalments indicating amount and due dates.
As the Commission was number satisfied with the companytentions raised by the Board, it started enquiry.
Arising out of RTPE No.100 of 1994 It is admitted that the Rajasthan Housing Board is established under the provisions of Rajasthan Housing Board Act, 1970 and it builds houses and allots the same to persons who are registered with the Board under various schemes framed by it from time to time.
Arising out of UTPE RTPE No.15 of 1994 In this appeal, it is the case of respondent that the Board registered him as applicant under Self Financing Scheme and he deposited a sum of Rs.10,000/ at the time of initial registration with the Board.
The Commission by its order dated 30.5.1996 held that the Board has indulged in restrictive trade practice as defined in Section 2 o ii of the MRTP Act and directed the Board to file an affidavit to the effect that it would number repeat the same.
WITH CIVIL APPEAL NO.15096 OF 1996 RAJASTHAN HOUSING BOARD VERSUS SHRI DILSUKH CHAND BHANDARI Shah, J. LITTTTTTTJ These appeals are filed under Section 55 of the Monopolies And Restrictive Trade Practices Act, 1969 hereinafter referred to as the MRTP Act against the judgment and order dated 30.05.1996 of the Monopolies And Restrictive Trade Practices Commission, New Delhi hereinafter referred to as the MRTP Commission passed in RTPE No.100 of 1994 and UTPE RTPE No.15 of 1994, whereby the Commission has held that appellant Rajasthan Housing Board has indulged in restrictive trade practices attracting Section 2 o ii of the Act and in unfair trade practices companyered by Section 36 A 1 i and vi of the MRTP Act.
CIVIL APPEAL NO.15096 OF 1996.
JJJJJJJJJJJJ CIVIL APPEAL NO.14994 OF 1996.
It is stated that instead of depositing the amount he filed writ petition No.2682 of 1992 in the High Court of Rajasthan at Jodhpur challenging the demand for the balance amount as alleged.
Thereafter by letter dated 29.2.1992 the respondent was intimated by the Board that total companyt of house allotted to her had been worked out at Rs.57,500/ and she should start making payment of the remaining amount by instalments Rs.715/ per month from 15.4.1992.
It is also stated therein that the Board would try its best to make the house available within a period of four years from the date of registration and the applicant would be entitled to payment of interest on the amount deposited and also to refund of money with interest if the house was number allotted within stipulated period.
