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TMI Blog2017 (4) TMI 1653X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is under Sub-clause (ii) of Sub-section (1) under which a person falsely represents that the services are of a particular standard, quality or grade. It is gound that the alleged arbitrary up-ping of the amount to be paid towards the house, which is an immovable property, cannot possibly be said to be a false representation by the Ghaziabad Development Authority that services are of a particular standard, quality or grade. This is for two reasons. First and the foremost, there is no false representation by the Authority, inasmuch as what was communicated to the complainant was only an estimated cost of the house in question. That estimate was revised later owing to several factors. This itself would show that there is no false representa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... house as Rs. 6,42,464/- and demanded the balance amount. When the complainant protested, the Authority kept on upping its demand until finally the complainant was constrained to move the Monopolies and Restrictive Trade Practices Commission (for short the 'Commission') on the ground that the upping of this demand in an arbitrary fashion would amount to an unfair trade practice. 3. Without going to any other point, we feel that the Commission has acted outside its jurisdiction Under Section 36A. Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (for short the 'Act') reads as follows: 36A. Definition of unfair trade practice.- In this Part, unless the context otherwise requires unfair trade practice mean ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic a representation in a form that purports to be- (i) a warranty or guarantee of a product or of any goods or services; or (ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out; (ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been, or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gain price means- (a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise; or (b) a price that a person who reads, hears, or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold; (3) Permits- (a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating the impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole, (b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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