1. The applicant has filed this application under Section 12B read with Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 for refund of Rs. 50,000/- with interest (c) 18% w.e.f. 11.12.1995 till the date of refund. The applicant participated in the auction held by the respondent for a flat and as per the terms and conditions relating to such auction, he deposited a sum of Rs. 50,000/- by pay Order No, 23346 dated 21.11.1995 in favour of the respondent. The matter was listed for hearing on 9.2.2001 and the proceedings were directed to be set ex-parte against the respondent. The applicant has filed an affidavit by way of evidence wherein contents of the application have been reiterated. We, therefore, direct the respondent to refund the amount of Rs. 50,000/- which is wrongly withheld with interest (r) 12% per annum w.e.f. the date of auction till the date of refund.
2. The complainant shall also be entitled to costs which are quantified at Rs. 5,000/-. The amount shall be paid by the respondent within six weeks from today and an affidavit of compliance shall be filed within four weeks thereafter.