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2017 Supreme(SC) 1681

KURIAN JOSEPH, R.BANUMATHI
Manjeet Kaur Monga (Dead) – Appellant
Versus
K. L. Suneja – Respondent


Advocates Appeared:
For the Appellants : Debesh Panda, Milind Kumar, Ms. Suruchi Suri, Avinash Kumar, Nikilesh Ramachandran, Mayank Wadhwa

JUDGMENT :

Kurian, J.

Leave granted in SLP(C) Nos.10484-10485/2016 & 10481-10482/2016.

2. The appellant in Civil Appeal Nos.5032-5033/2016, who is the legal representative of the original complainant, is before us aggrieved by the order dated 3.8.2015 passed by the Competition Appellate Tribunal, New Delhi (for short, 'the Tribunal') in Unfair Practice Enquiry No. 40/2005 and Compensation Application No. 39/2009 Paragraph nos.37 and 42 to 44 of the impugned order read as follows:-

"37. The cancellation of allotment made in favour of the complainant deserves to be declared as wholly arbitrary, illegal and capricious. It is not in dispute that Smt. Gursharan Kaur had deposited three installments including the booking amount. The complainant, Dr. (Mrs.) Manjeet Kaur Monga deposited three other installments (total Rs. 4,53,850/-). She did not deposit further installments because the respondents did not complete the construction within the stipulated time. For the first time a vague statement about the construction was made in letter dated 26.12.2001, which was issued after 12 years of the booking. Even thereafter the respondents did not disclose the stage-wise progress in the construction




























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