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COMPETITION APPELLATE TRIBUNAL, NEW DELHI
G.S. Singhvi, Chairman
Vimal Chandok & Ors. - Complainants
Versus
Bright Star Hotel Pvt. Ltd. & Anr. - Respondents
RTPE No. 38 of 2000, C.A. No. 563 of 2000
Decided On : 26-05-2015
For the Complainant : Mr. Vimal Chandok, in person, on his own behalf and also on behalf of Complainant Nos. 2 and 3.
For the Respondents:Mr. Anupam Srivastava with Mr. Anil Chandel and Ms. Sharmistha Ghosh, Advocates.
ORDER :
G.S. Singhvi, Chairman
In this complaint filed under Section 2(o) read with Sections 10, 31, 36-A, 36-B, 36-D and 36-E and Sections 36 and 37 of the Monopolies and Restrictive Trade Practices Act, 1969 (for short, ‘the Act’), the complainants have prayed that an inquiry be conducted into the monopolistic and unfair trade practices indulged by the respondents and that they be restrained from coercing the complainants to pay excessive maintenance charges and they be directed to restore electricity to Shop No. 148. The complainants have further prayed that such of the terms, conditions and covenants of the purchase and maintenance agreements executed between the parties, which constitute restrictive and unfair trade practices be declared void or be modified so as to make them compatible with the provisions of the Act. Another prayer made by the complainants is that the respondents be directed to pay compensation of Rs. 8,21,840 in lieu of the losses suffered by them and Rs. 20,000 per month till the excess amount collected from them is refunded. Lastly, the complainants have prayed for award of 24% interest on the amount payable to them.
2. For deciding whether the complainants are entitled to all or any of the reliefs, it will be useful to notice the facts. These are:
| (i) | Respondent No. 1 purchased agricultural land comprised in Khasra Nos. 108, 110/1, 112 and 113/1 situated in village Sikanderpur Ghosi, District Gurgaon, Haryana and obtained permission from the Director, Town and Country Planning, Haryana for developing the same into a Hotel-cum-Commercial Complex. Respondent No. 1 also got the building plan sanctioned from the competent authority. |
| (ii) | With a view to attract the members of public to buy shops/showrooms on the ground and first floor of the commercial complex, which was named as ‘Edmonton Shopping Mall’ (hereinafter described as, ‘the Mall’). Respondent No. 1 issued pamphlets and also an advertisement, the relevant portions of which are extracted below: |
“BRIGHT STAR HOTELS (P) LTD.
B-3, Greater Kailsh Enclave-1,
New Delhi -110 048
Tel. 6215226 Fax 6227939
Subject : BOOK A EXCLUSIVE SHOWROOM IN LUXURIOS CENTRALLY A/C. MARKET (Part of a Deluxe Five Star Hotel with proposed Fourteen Storeyed Office Complex also).
Dear Sir,
We introduce ourselves the Promoter of Canadian Style Shopping Centre connected with a Deluxe Five Star Hotel on Mehrauli-Gurgaon-Faridabad Main Road, adjoining DLF Gymkhana Club. Its called the Edmonton Shopping Mall. The Edmonton Shopping Mall is brought to you by a group of NRIs from Canada. Their diverse real estate interest span the major cities of U.S.A. and Canada.
** ** ** ** **
This is the first of its kind shopping complex in India. It is a mixed development of North American concept which combines a Five Star Hotel, Luxury office block and shopping mall within the same complex and possession will be handed over very soon.
EDMONTON SHOPPING MALL
Surrounded Residential Area
DLF Qutab Enclave Phase-I and II, Sushant Lok Phase-I and II, Unitech South City, Garden Estate, Empire Estate, Rosewood City, Malibu Town, Gurgaon and may other posh societies.
** ** ** ** **
Special attraction
Food Plaza with in shopping arcade for local posh area, customers, discotheque, fountain lights
Total Area of Land 5 Acres, Ground Floor Area 28.00 sq. ft. (45 Shops) and First Floor Area 28.000 sq. ft. (48 Shops)
Facilities
Centrally Air-conditioned, Security, Parking, Finishing of Carpet Area, Lift, Lobby, Toilets, Stair Case, Fire Exit, Water Fall and other luxurious facilities
The Shopping Centre is not only for hotel guests but this will be only shopping centre for surrounding posh colonies customers, etc.
So make profits from day one and book a showroom in Edmonton Shopping Mall.
For further details please get in touch with our Marketing division by the earliest.
