The Supreme Court has ruled that the Monopolies and Restrictive Trade Practices Commission (MRTPC) has no power to order a housing authority to allot a plot to an applicant. It can impose damages or order compensation to a person who complains against the authority for practising unfair trade practice but it cannot order allotment of plots to the applicant.
In this case, Ved Prakash Aggarwal had applied for a plot in a project floated by Ghaziabad Development Authority. After some time it was cancelled. So he moved the commission alleging unfair trade practices. The commission accepted his claim and asked the authority to allot him an alternative plot.
The authority appealed to the Supreme Court. It set aside the commission's order stating that it had no power to order alternative plot. This power belonged to the civil court. Therefore, the commission was asked to reconsider its decision only from the point of compensation and refund.
BS Reporter / New Delhi June 16, 2008, 5:47 IST
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About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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