R.P. Sethi ORDER
M.B. Shah, J.
1. These appeals are filed under Section 55 of the Monopolies And Restrictive Trade Practices Act, 1969 (hereinafter referred to as the "MRTP Act") against the judgment and order dated 30.5.1996 of the Monopolies And Restrictive Trade Practices Commission, New Delhi (hereinafter referred to as "the MRTP Commission") passed in RTPE No. 100 of 1994 and UTPERTPE No. 15 of 1994, whereby the Commission has held that appellant Rajasthan Housing Board has indulged in restrictive trade practices attracting Section 2(o)(ii) of the Act and in unfair trade practices covered by Section 36A(1)(i) and (vi) of the Monopolies & Restrictive Trade Practices Act. Admittedly, the Central Government has issued Notification under Section 3 of the Monopolies & Restrictive Trade Practices Act on 27.9.1991 applying the provisions of the Monopolies & Restrictive Trade Practices Act, to the appellant Board.
2. Before deciding the question involved, we would narrate few facts of each appeal. CIVIL APPEAL NO. 14894 of 1996. . (Arising out of RTPE No. 100 of 1994)
3. It is admitted that the Rajasthan Housing Board is established under the provisions of Rajasthan Housing Board Act, 1970 and it builds houses and allots the same to persons who are registered with the Board under various schemes framed by it from time to time. The land is placed at the disposal of the Board by the State Government on payment being made by it and houses of different categories are constructed after securing loans from HUDCO and other agencies under the schemes known as Self Financing Schemes. It is stated that respondent got herself registered for the house being allotted to her in low income group category on 12.05.1983 and paid a sum of Rs. 1800/- as registration fee. It is also stated that the Board has issued a brochure for general registration, wherein certain conditions for registration, the amount of advance which was to be deposited by the applicant, the estimated cost of different categories of the house to be constructed and the amount of installment money which was to be paid etc. were mentioned. It is also stated therein that the Board would try its best to make the house available within a period of four years from the date of registration and the applicant would be entitled to payment of interest on the amount deposited and also to refund of money with interest if the house was not allotted within stipulated period. It is further stated that by letter dated 27.4.1988 respondent was intimated that house had been reserved for her as a result of lottery drawn in that year and she was required to pay advance money in three installments and if there was delay in payment of the said installments, respondent was further required to pay interest @ 18% p.a. by way of penalty. Thereafter by letter dated 29.2.1992 the respondent was intimated by the Board that total cost of house allotted to her had been worked out at Rs. 57,500/- and she should start making payment of the remaining amount by installments @ Rs. 715/- per month from 15.4.1992.
4, After receipt of the said letter respondent filed complaint before the District Consumer Protection Foru........