ORDER
C.M. Nayar, J. (Chairman)
1. This order will dispose of an application filed under Section 12B read with Sections 12, 12A, 33, 36A, 10, 37, 36B and 36C of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the Act). The applicant applied for a house in Sanjay Vihar Vojana, Hapur, U.P. with the intention that he will own a house at his native place where his old ailing parents will reside. The applicant deposited a sum of Rs. 10,000/- as allotment fee on 28.3.1995. The allotment of the house No. C-37, Sanjay Vihar Yojana, Hapur was made vide Allotment Letter No. 1395 dated 31.3.1995. The applicant deposited a further sum of Rs. 26,568/- on 26.4.1995 as demanded by the respondent including first instalment of Rs. 1,556/- on 1.6.1995. It is submitted in the application that no communication was received from the respondent though the applicant complied with all the terms and conditions which are listed in the Allotment Letter dated 31.3.1995. The following list of documents as demanded by the respondent was supplied by the applicant :
(1) Registration Letter in original. (2) 4th copy of challan in original of amount deposited for registration. (3) One plain non-judicial stamp paper of Rs. 15/-. (4) Two signed photographs attested by a Gazetted Officer on which that officer has mentioned his name and address. (5) An Affidavit in the prescribed performa on non-judicial stamp paper of Rs. 10/- attested by Magistrate/Sub-Judge/Notary.
2. The respondent is stated to have written letters to the applicant on 24.5.1997, 16.9.1997 and 24.8.1998 which it is contended were not received by the applicant. The possession of the house was not granted to the applicant as no proper agreement could be entered into between the parties for payment of the balance amount in instalments. The learned Counsel for the applicant has contended that no communication was received till he moved this Commission with a Compensation Application on 17th July, 1998 for redressal of his grievance.
3. The respondent has filed a reply wherein it is stated that the applicant having not entered into an agreement for payment of remaining instalments with the respondent, the possession of the house could not be given. It is, however/ clear that no communication was sent to the applicant for a period of over two years after the issuance of allotment letter requiring any further agreement to be entered into between the parties.
4. We have heard learned Counsels for the parties. It is not in dispute that the applicant had paid the initial allotment amount as well as a further sum of Rs. 26,568/- which entitled him to take possession of the house after entering into an agreement to pay the remaining instalments for which he received no information, nor any document was sent to the applicant by the respondent. This being so, we are of the view that no interest is liable to be paid by the applicant as the only communication which he received from the respondent was after he moved this Commission and i.e. after 17.7.1998. The respondent shall, therefore, hand over possession of the house No. C-37, Sanjay Vihar Yojana, Hapur-245101 to the applicant on payment of balance amount which is due in terms of the Allotment Letter dated 31.3.1995. It is made clear that the respondent shall not charge any interest including penal interest for the same in the facts and circumstances of the case.
5. The present application is allowed in these terms. There shall be no order as to costs.