ORDER

1. In this complainant filed on 23.01.2004 under Section 10 read with Sections 12-B and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969 (for short, the 1969 Act'), the complainant has prayed that respondents may be restrained from carrying on unfair trade practise of erecting kiosks in the common area of the multi-storied Commercial Complex (hereinafter described as the 'Mall'), that they be directed to demolish the kiosks erected in front of Shop No. CSO-021 and comply with the provisions of the Haryana Apartment Ownership Act, 1983 (for short, the 1983 Act'). The complainant has further prayed that Respondent No. 1 be directed to pay damages and distribute the income generated from hoardings in the common area to all the flat owners.

2. After three years and about six months, the complainant filed another application dated 11.07.2007, which was described as a complaint under Section 12-B of the 1969 Act for award of Rs. 81,37,020.78 as damages and compensation.

3. For deciding the issues arising in the main complaint (UTPE 07/2004) and the compensation application (CA 24/2008), we may notice the relevant facts. These are :

(i) M/s. Jai Yatayat Limited, a company registered under the Companies Act, 1956 having its registered office at 303, Maker Chamber V, Nariman Point, Mumbai and branch office at DLF Centre, Sansad Marg, New Delhi, owned 3.6187 acres (approximate) land in village Sarhaulon Mehurali Gurgaon Road and obtained licence dated 30.09.1998 from the Director, Town and Country Planning, Haryana under the Haryana Development and Regulation of Urban Areas Act, 1975 and the Rules made thereunder for construction of the Mall.

(ii) M/s. Jai Yatayat Ltd. appears to have entered into an agreement with Respondent No. 1 DLF Universal Ltd. for sale of commercial spaces in the Mall.

(iii) The complainant and his wife entered into an agreement with Respondent No. 1, which was described as the Common Space Buyer's Agreement (for short, 'the Buyer's Agreement') dated 16.04.2011 for purchase of space measuring 146.5 sq. mtrs. in the Mall. In the opening portion of the Buyer's Agreement, the relevant portions of which are reproduced below, Respondent No. 1 was described as 'Intending Seller' and the complainant and his wife were described as 'Intending Allottees'.

"DLF CITY CENTRE COMMERCIAL SPACE BUYER'S AGREEMENT

Intending Seller's Representations

A. WHEREAS the land admeasuring 3.6187 acres or thereabout situated in Village Sarhaul on Mehrauli Gurgaon Road, Gurgaon in the State of Haryana (hereinafter referred to as 'the said plot of land') is owned and possessed by M/s. Jai Yatayat Limited, a Company registered under the Companies Act, 1956 having its Registered office at 303, Makes Chamber V, Nariman Point, Mumbai - 400 021 and branch office at DLF Centre, Sansad Marg, New Delhi 110 001 and a Licence bearing No. 110 of 1998 dated 30.07.1998 (hereinafter referred to as 'the said Licence') has been granted to said M/s. Jai Yatayat Limited by the Director, Town and Country Planning, Haryana, Chandigarh under the provisions of the Haryana Development and Regulation or Urban Areas Act, 1975 and the Rules made thereunder for setting up of commercial colony on the said plot of land subject to the conditions specified in the said licence.

B. AND WHEREAS M/s. Jai Yatayat Limited plans to construct thereon a multi-storeyed commercial building to be named as 'DLF City Centre' (hereinafter referred to as 'the said Building') in accordance with the permissions, approvals and building plans to be approved by the Director, Town and Country Planning, Haryana, Chandigarh.

C. AND WHEREAS the Intending Seller pursuant to its arrangement(s) with M/s. Jai Yatayat Limited plans to sell individual commercial spaces in accordance with the building plans to be approved by the Director Town and Country Planning, Haryana, Chandigarh.

D. AND WH