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2004 Supreme(SC) 1607

P.VENKATARAMA REDDI, A.K.MATHUR
Radhika Kapur – Appellant
Versus
D. L. F. Universal LTD. – Respondent


Judgment

P. Venkatarama Reddi, J.—This appeal by special leave is preferred against the order dated 4.9.2000 in U.T.P.E. No. 206 of 1998 passed by the MRTP Commission by which the interim relief sought for by the appellants was rejected with certain observations.

2. In the application/complaint filed under Section 36A of the Monopolies and ­Restrictive Trade Practices Act (for short ‘Act’), the main relief sought for was to restrain the respondent from cancelling the allotment of the apartments in D.L.F. Beverly Park, Gurgaon for non payment of the extra amount demanded from the appellants by the letter dated 2.6.1997 etc. The immediate provocation for filing the complaint seems to be the letter issued by the respondent-Company on 18.9.1998 calling upon the appellants to pay the escalated charges by 10th October, 1998 failing which, the respondent threatened to cancel the allotment without further notice. One of the other reliefs sought for was to direct the respondent to handover possession of the apartment forthwith. The last prayer was to inquire into the unfair trade practices adopted by the respondent and to direct the respondent to desist from such action in future.

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