MANJUL SRIVASTAVA versus GOVT. OF U.P. & ORS.

Reservation of plot without success in lottery does not confer legal right to specific allotment; applicant only entitled to refund of deposit with appropriate interest as determined by scheme and facts.

Parties: Appellant: Manjul Srivastava; Respondents: Govt. of U.P. & Ors. (Ghaziabad Development Authority)
Jurisdiction: India
Judgment Date: 29 August 2008
Procedural Posture: Civil Appeal / Appeal From Monopolies and Restrictive Trade Practices Commission Orders
Outcome: Appeals partly allowed
Legal Topics: Unfair Trade Practice, Plot Allotment, Refund of Deposit, Interest Rates on Refund

Consumer Protection Administrative Law Unfair Trade Practice Plot Allotment Refund of Deposit Interest Rates on Refund

Case Brief

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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4

Parties

Manjul Srivastava

Appellant

Govt. of U.P. & Ors. (Ghaziabad Development Authority)

Respondents

Procedural Posture

Civil Appeal / Appeal From Monopolies and Restrictive Trade Practices Commission Orders

Legal Issues

1 Whether cancellation of reservation and failure to allot plot amounts to unfair trade practice under Monopolies and Restrictive Trade Practices Act, 1969
2 Whether applicant has legal right to allotment of plot or is entitled only to refund with interest
3 Quantum of interest payable on refund by development authority

Ratio Decidendi

Court Disposition

Appeals partly allowed

Orders

Respondents to refund amount already deposited with interest at 18% instead of 5%
No allotment of plot to appellant; claim for allotment is rejected