SURENDER KUMAR SINGHAL Vs. SHIMLA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This shall dispose of the Notice of Enquiry (NOE) issued by the Commission on 28th Nov. , 94 under Sec.10 (a) (i) read with Sec.37 of the MRTP Act, 1969 charging Shimla Development Authority (now rechristened as Himachal Pradesh Nagar Vikas Pradhikaran) and the Chief Executive Officer-cum-Chief Engineer of the said Authority (hereinafter referred to as R-l and R-2) of having indulged in certain restrictive trade practices as well as unfair trade practices within the meaning of the provisions of Sec.2 (o) (ii) and Sec.36a of the Act. This enquiry commenced with an application moved by Shri Surender Kumar Singhal (hereinafter referred to as the complainant) under Sec.10 (a) (i) and Sec.36b (a) of the Act alleging that the respondents have perpetrated certain restrictive and unfair trade practices to the detriment of the interest of the complainant and to the detriment of public interest. A summary of the complaint of Shri Surender Kumar Singhal and the NOE is given herein below: 1. Shimla Development Authority (R1) is a Government of Himachal Pradesh Undertaking constituted under the Himachal Pradesh Town and Country Planning Act, 1977 and is, inter alia, engaged in the business of development, construction and making available housing facilities to citizens within the Shimla region. R-2 is the Chief Executive of R-l for implementing its schemes.

(2.) The respondent Authority floated and advertised a Self Financing Scheme for a residential complex to be constructed in Kasumpti zone of New Shimla. The scheme is known as Second Self Financing Scheme for residential complex.

(3.) The respondent Authority invited applications for different categories of flats/houses and plots.