Ms. Moksh Mahajan, Member—The respondent M/s. Toshali Resorts International, C-40, Market Building, Bhubaneswar has been charged with the practice of making false representation to the public in general and to the complainant Shri Srichand K. Gehra in particular through issue of its brochure. This has been so stated by the Director General (Investigation and Registration) (hereinafter referred to as DG) in its application filed before the Commission. It is stated therein that the services rendered were not in conformity with the standard, quality and usefulness of the facilities as promised. This is said to constitute an unfair trade practice duly covered under Clauses (ii), (iv) and (vi) of Section 36A(1) of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act).

2. Briefly listed, the facts are that after being allured by the representations made by the respondent in regard to the facilities in its various holiday resorts offered on time-share basis, the complainant Shri S.K. Gehra applied for purchase of a Time Share holiday (vacation ownership). It opted for a Sapphire Season Double Room Time-Share with Toshali Royal View Resort at Shilon Bagh, Shimla