- (1.) This appeal by way of special leave is filed against an order dated 27th of March, 2001 passed by the Monopolies and Restrictive Trade Practices Commission (in short 'the MRTP Commission') in Restrictive Trade Practices Enquiry No.82/97 by which the MRTP Commission has directed the appellants (hereinafter referred to as 'the Noida Authorities') to refund to the respondent the excess amount charged from him for allotment of a plot within 6 months from the date of the order passed by the MRTP Commission. Feeling aggrieved, the Noida Authorites have come up by way of a special leave petition, which on grant of leave was heard in the presence of the learned counsel for the parties.
(2.) In 1993, applications for registration for allotment of plots to institutions including Nursing Homes and Hospitals were invited by a general scheme by the Noida Authorities. In the scheme itself, it was specifically mentioned that the rate shall be the one as prevailing at the time of allotment. The registration money to be deposited along with the application in case of a Nursing Home was Rs.1,00,000/-. Pursuant to such advertisement for allotment of plots by the Noida authorities, the respondent submitted an application for allotment along with the registration money. By a letter dated 21st of December, 1993 issued by the Noida authorities to the respondent, the respondent was required to deposit certain amount within seven days so that steps could be taken to make the allotment. However, the respondent made no payment pursuant to the letter dated 21st of December, 1993. The Town Planning Department of the Noida authorities, while scrutinizing the proposed site did not clear the same and accordingly, by a letter dated 13th of January, 1995, the entire amount deposited as registration money with the Noida authorities was refunded. It is an admitted position that the refund was accepted by the respondent by encashing the account payee cheque without any reservation.
(3.) On 20th of April, 1996, on the basis of a request made by the respondent in his letter dated 29th of January, 1996, a fresh allotment letter was issued and in this allotment letter, it was specifically made clear that the allotment rate would be Rs.3600/- per sq. mtr. From this letter, it would also be clear that the allotment money was required to be deposited within sixty days and the balance 80% in sixteen equal half yearly installments together with interest. The respondent by his letter dated 6th of June, 1996 deposited 20% of the allotment money of Rs.3,61,800/- by a pay order. This deposit confirmed that the rate of allotment was Rs.3600/- per sq. mtr., i.e. the rate offered by the Noida authorities stood accepted. On 16th of August, 1996, the respondent submitted an affidavit before the Noida authorities stating, inter alia, as under: (i) That the allotment of Nursing Home Plot No.243, Block A, Sector 31 has been made in favour of the respondent for Rs.18,09,000/- only. Out of the said amount, 20% had been deposited and the respondent had to deposit the balance 80% in sixteen half yearly installments. (ii) Omitted (because not required in this case). (iii) That the respondent had read and understood all the terms and conditions of allotment and the respondent shall comply with the terms and conditions of allotment. A plain reading of this undertaking filed by way of an affidavit before the Noida authorities would indicate that the respondent had accepted the terms and conditions of the offer letter, including the condition regarding the rate at which the allotment was to be made.;