Dlf Universal Ltd. & Anr vs Dir. General Investigation ...

2. Briefly stated the facts giving rise to the filing of the present appeal are as follows:-

(iv) The transfer deed entered into by the first appellant with the second appellant did not make obligatory on the part of the second appellant to utilize the amount collected as such for the purpose of providing better amenities to the residents of DLF Qutab Enclave. Second Appellant was having a surplus of Rs. 5,489,223.86p. and Rs. 5,729,723.49p. respectively at the end of 31st March, 1996 and 31st March, 1997 respectively. It has, therefore, been alleged that the Trust has manipulated the prices and conditions of delivery of impugned sites for its personal gain which is a restrictive trade practice.

(v) Originally site No. 3136 measuring 0.20 acre was allotted to the complainant/informant on consideration of Rs. 4 lakhs and also a lease agreement dated 1.12.92 was entered into for constructing and providing educational facilities by the lessee. Subsequently, however, the appellants offered to the complainant/informant an alternate site measuring 0.35 acre after receiving an additional payment of Rs. 2,96,204/- which tantamount to unfair trade practice since the complainant/informant was not informed that the previous site No. 3136 was subject to the revision of lay out plan.

5. It appears from the order of the Commission that on 21.08.2001 the learned advocates appearing for both the parties stated that the question which arose for consideration in the complaint filed by complainant - second respondent has been decided by the Division Bench of the High Court of Punjab and Haryana in CWP No. 7245/1997 on 07.03.2001 and against the said judgment, special leave petition had been filed in this Court. In this view of the matter, the Commission found that no purpose would be served to continue with the present complaint and, accordingly, the matter was disposed of.

6. Later on, an application was filed by the complainant - second respondent seeking to review the order of the Commission. On 04.07.2003, the complainant - second respondent stated before the Commission that the possession of the site/plot to which he was entitled to in terms of the agreement executed between the parties has still not been handed over to him. Learned counsel appearing on behalf of the appellants before the Commission in response to the 12 review application stated that the appellants were willing to hand over the possession of the site/plot to the complainant - second respondent which was held up in view of the order passed by the High Court of Punjab and Haryana and since the order of the High Court of Punjab and Haryana has been set aside by this Court in Civil Appeal No. 4908/2002 along with Civil Appeal Nos. 4909-11/2002 titled DLF Qutab Enclave Complex Educational Charitable Trust v. State of Haryana & Ors. reported in [(2003) 5 SCC 622], therefore, now the appellants are ready and willing to hand over the possession of the site/plot to the complainant-second respondent within six weeks in terms of the agreement dated 01.12.1992. Again on 16.01.2004, the appellants informed the Commission that they will execute a fresh lease deed in favour of the complainant - second respondent provided the commercial terms as contained in the first lease deed dated 1.12.1992 shall not be ordered to be modified or altered or deviated and the appellants will indicate the amount of lease rent which shall be paid by the complainant-second respondent within one week and thereafter the appellants 13 shall sign the modified lease deed and thereafter the possession of the site/plot shall be handed over to the complainant-second respondent. On the basis of the pleadings of the parties, the earlier order dated 21.08.2001 came to be modified accordingly by the Commission. Again, the complainant-second respondent filed miscellaneous application seeking incorporation of some proposed clauses in the new lease deed. The appellants submitted their comments to the proposed amendments suggested in the draft lease deed to be executed by the parties. The parties did not choose to examine any witness but they filed their written submissions.

16. The complainant - second respondent filed complaint which was entertained by the Commission in purported exercise of its jurisdiction under Section 2(o) (i) and Section 36A of the MRTP Act. The said complaint was referred to the first respondent - DG for investigation and on receipt of the PIR submitted by the first respondent - DG, notice was issued to the appellants by the Commission on 27.03.1998. In response to the notice, the appellants submitted their detailed reply.

22. The Commission, in the light of the above-noted judgment of this Court, disposed of the complaint of the second-respondent on 21.8.1991 without going into the merits of the case. Later on, on a review application filed by the complainant - second respondent, it was submitted before the Commission on 4.7.2003 that the appellants were now willing to hand over the possession of the site/plot to the complainant - second respondent subject to execution of the fresh lease deed without modification and deviation of the standard lease deed to be executed by all such lessors. The complainant - second respondent suggested the above-stated modifications and their incorporation in the draft agreement in line with clause 11(a)(b)(i) of the lease deed agreement dated 01.12.1992.

Therefore, technically the NOC issued on 1.12.92 does not relate to the plot which is proposed to be transferred to the complainant/ informant. In view 16 of this, we are unable to agree with the respondents that there is no requirement to give "No Objection Certificate" for the plot proposed to be transferred to the complainant/informant now and therefore, no provision is required in the draft lease deed. The respondents are, therefore, directed that in order to enable the complainant/informant to get the NOC for the new plot, the provisions of issue of NOC as incorporated in clause 5(i) and 5(ii) of the agreement dated 1.12.92 may be incorporated in the lease agreement to be executed now.

(i) XXX

23. The Commission disposed of the review application of the complainant - second respondent by order dated 16.01.2004, which reads as under:-

25. The case of the complainant - second respondent before the Commission was that he has furnished necessary, effective and valid suggestions which are to be incorporated in the fresh lease because of delay in handing over the possession of the alternate site/plot to him. It is the admitted case that the appellants have not challenged the order of the Commission dated 16.01.2004 by which the parties were directed that the commercial terms as contained in the earlier lease deed dated 01.12.1992 shall not be modified and altered and shall remain the same in framing of the new lease deed which shall be executed between the parties.

27. The Commission under Section 13B is also empowered to exercise the powers, jurisdiction and authority to punish the person in respect of contempt of itself.

28. In the backdrop of the facts of the present case, once the appellants have accepted the earlier order of the Commission dated 16.01.2004 which has attained finality, the appellants are left with no other option but to execute a fresh lease deed with the complainant - second respondent on modified terms suggested by him. The order of the Commission impugned in this appeal does not suffer from any manifest error or perversity or invalidity.

29. In the result, for the above stated reasons, we find no merit in this appeal and it is, accordingly, dismissed. In the facts and circumstances of the case, we leave the parties to bear their own costs.

30. Time granted by the MRTP Commission, however, shall be extended by four weeks as prayed.