Case No. 05 of 2014. Case: TDI Fun Republic Shop Owner Welfare Association Vs M/s. E-City Property Management & Services Pvt. Ltd., Shri Vikas Ladhe, M/s. Tyagi Anand Mall Management Co. Pvt. Ltd. and M/s. TDI Infrastructure Ltd.. Competition Commision of India
| Case Number | Case No. 05 of 2014 |
| Counsel | For Appellant: Mr. Manjit Singh Ahluwalia, Advocate |
| Judges | Ashok Chawla, Chairperson, H.C. Gupta, Member (G), R. Prasad, Member (R), P.N. Parashar, Member (P), Dr. Geeta Gouri, Member (GG), Anurag Goel, Member (AG), M.L. Tayal, Member (T) and Shiv Narayan Dhingra, Member (D) |
| Issue | Competition Act, 2002 - Sections 19(1)(a), 26(1), 26(2), 4 |
| Judgement Date | April 02, 2014 |
| Court | Competition Commision of India |
Order:
ORDER UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002
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The present information has been filed by TDI Fun Republic Shop Owner Welfare Association, through its President, Shri Amardeep Kohli (hereinafter referred to as the "Informant") on 30.01.2014 under section 19(1)(a) of the Competition Act, 2002 (hereinafter referred to as "the Act") against M/s. E-City Property Management & Services Pvt. Ltd. [EPMS] (hereinafter referred to as Opposite Party No. 1), Shri Vikas Ladhe [of EPMS] (Opposite Party No. 2), M/s. Tyagi Anand Mall Management Co. Pvt. Ltd. (Opposite Party No. 3), and M/s. TDI Infrastructure Ltd. (Opposite Party No. 4), alleging contravention of the provisions of Section 4 of the Act by the Opposite Parties.
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As per the information, Informant is a registered Welfare Association representing the shop owners of TDI Fun Republic Mall, having its office at Shop No. F-21, first floor, TDI Fun Republic, Moti Nagar, Main Najafgarh Road, Old Natraj Cinema Building, New Delhi. The informant stated that Opposite Party No. 1 has claimed that it maintains the operation of the TDI Fun Republic Mall and that Opposite Party No. 3 represented through Shri Hemant Singh is the Mall Manager. It is also submitted that Opposite Party No. 4 is a well known company in real estate.
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The informant has alleged that the Opposite Parties have contravened the provisions of section 4 of the Act. It is the allegation of the informant that the Opposite Parties have formed a group with the intention to 'fleece' the shop owners of the said Mall (TDI Fun Republic Mall) and are controlling the assets of the mall for their illegal gains. It is further alleged that they have abused their dominant position by imposing internal development charges at their own whims and are indulging in anti-competitive practices.
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The informant submits that they were lured into buying the shops at exorbitant rates in the said mall by Opposite Party No. 4 and its management citing various highlights like energy efficient central air conditioning, 100% power back up, high speed capsule glass elevators, landscape central atrium, well furnished entrance lobby, passage with Italian marble and granite, central security systems, parking services, food court etc.
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The informant has stated that the mall is in pathetic condition with no basic amenities like proper ventilation, air conditioning, etc. making it difficult for the shop owners to sit and work in their offices. It has also highlighted the poor conditions of washrooms, leakage, absence of proper lightning in the mall especially in the basement, etc. The informant has stated that with the inhumane conditions in the mall it had become difficult for the shop owners to continue their businesses and in such situation they were compelled to close down their shops.
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The informant has also stated that till date they're not clear as to who is managing the Mall. They have been served notices by Opposite Party No. 1 and Opposite Party No. 3 but Informant submits that they're not aware under what authority Opposite Party No. 1 and Opposite Party No. 3 are representing to manage the mall and that till date no documents have been provided to the shop owners regarding the same. It is further alleged that Opposite Party No. 1 and Opposite Party...
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