ORDER :

MR. JUSTICE G.S. SINGHVI, CHAIRMAN

1. Whether the Notice of Inquiry issued by the erstwhile Monopolies and Restrictive Trade Practices Commission (for short, ‘the Commission’) is not maintainable on the ground that the averments/allegations contained in the complaints do not constitute ‘unfair trade practice’ as defined in Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (for short, ‘the 1969 Act’) and also on the ground that the complaints are barred by time is the question which is required to be decided in view of order dated 13.12.1995 passed by the Commission in UTPE No. 33 of 1995.

2. In 1961, Respondent No. 1, M/s. Swatantra Land & Finance Private Limited floated ‘Indraprasth Colony’ covering an area of about 100 acres of land of Village Itmadpur, Faridabad. After obtaining No Objection from the Village Panchayat under Section 22(h) of the Punjab Gram Panchayat Act, 1952, Respondent No. 1 issued pamphlets in 1962–63 incorporating the salient features of the residential colony and invited the prospective buyers to apply for freehold plots. The relevant portions of the pamphlets are reproduced below:

“Salient Features

of

Indraprasth Colony

(Residential)

Dear Sir/Madam,

We feel great pleasure to announce the reopening of sale of plots in our free hold colony known as “Indraprasth Residential colony” on Mathura Road mile stone 13/4, Along Shershasuri Road.

1. Most Scientifically planned and beautifully laid our colony near Delhi with beautiful surroundings, charming landscape, congenial climate, levelled land and plenty of potable water and refreshing breeze.

2. Freehold and flood free plots to suit every pocket and to accommodate all types of residential, commercial and public buildings. Terms of sale of plots are very easy and simple.

3. Good future prospects.

4. Plot have high resale value. Unique chance to secure rare turnover for money lying idle with the public.

5. Benefit of Hire Purchase Housing Scheme under which the balance is to be paid in monthly instalments running upto 10 years.

6. Ultra-modern civic amenities e.g. Roads, drainage, sewerage, water mains, street lighting etc. And A-1 municipal services.

7. Free Medical help and service.

8. Recreating of pastime centres, social and cultural forums and public conveniences.

9. The colony is easily accessible by road transportation D.T.U. and private bus routes, every 15 minutes service run from Delhi to Faridabad and vice versa.

10. Freedom from Municipal Corporation rates and property taxes, the colony not being within the corporation limits.

11. A modern township free from the tumult and hustle bustle of a city.

12. A place with a prospect for business and home industries.

13. Hundreds of acres of land in close proximity of the colony are acquired by Government for its various schemes. The prices of the plots in the colony therefore will automatically go up.

14. A fine retreat for the retired.

15. The best entertaining spot around Delhi.

16. Development work and construction of houses by the public as also by the company on Hire-Purchase basis being started shortly.

17. Hundreds of plots already booked by professionals and non-professionals, rich and poor, e.g. professors, Doctors, Government officials, business men etc. etc.

18. There is a direct telephone link between Delhi, Badarpur & Faridabad. The telephone lines already laid through this colony.

Location of Colony

The site of the colony was selected adjoining to D.L.F. Industrial area and Main Mathura Road. The colony is located on elevated ground, highly sanitary area, sweet water, fertile land, and quite near to the Main Mathura Road. It is about 10 miles from connaught place the central business centre of the capital of India:

Purposed Amenities in a Colony of Cosmic Comforts

(1) Fashionable shopping center

(2) General shops

(3) Petrol pump auto workshop

(4) Parks, Paveliones, club

(5) Cinema

(6) Swimmin