Judgment

S. N. VARIAVA

( 1 ) THIS Appeal is against an Order dated 24/12/1998 passed by the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as the Commission ).

( 2 ) BRIEFLY stated the facts are as follows:

SOMETIME in September/october, 1994 the 2nd respondent issued an Advertisement inviting applications from prospective enterpreneurs for allotment of industrial plots of 1, 1/2, 1/4 acre at Rs. 750 per Sq. meters in the Electronic Hardware Technology Part, Sector 34, Gurgaon. The 1st respondent applied on a prescribed form for allotment of a 1/2 acre plot. Along with his application he paid a sum of Rs. 1,57,500. 00.

( 3 ) ON 8/11/1994 the Plot Allotment Committee called the 1st respondent for personal discussion and evaluation of his project report. The 1st respondent attended the personal discussion and discussed the viability of his project with the concerned authorities. Thereafter the appellants asked the 1st Respondent to submit his project report to them. The 1st respondent did so. By a Letter dated 29/06/1995 the appellants informed the 1st respondent that it was decided that he would be offered an industrial plot measuring 500 Sq. meters at U