9911796707
TMI Blog2017 (4) TMI 1653X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 5,40,000/- and the complainant deposited Rs. 1,35,000/- on 08.09.1993. 2. On 10.09.1993, the Authority issued an allotment letter-cum-payment schedule allotting House No. J-75 to the complainant and the estimated cost thereof which, as has been stated hereinbefore, was intimated as Rs. 5,40,000/-. By 16.07.1997, Smt. Goel paid a sum of Rs. 5,72,800/- which was beyond the estimated cost of Rs. 5,40,000/-. However, after seven years, on 02.11.2000, the Authority intimated the final cost of the 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 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a false or misleading representation concerning the need for, or the usefulness of, any goods or services; (vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof: Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence; (viii) makes to the public 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed the statement to be so expressed, made or contained; (2) permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business and the nature of the advertisement. Explanation.- For the purposes of Clause (2), "bargain 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticular, the unfair trade practice alleged and found in favour of the complainant 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. 5. We find 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 owi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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