https://www.taxtmi.com/caselaws?id=269610 Booking and refund terms for car sales were held not to constitute an unfair trade practice under the Monopolies and Restrictive Trade Practices Act, 1969, because the allegations in the notice of enquiry did not establish any false or misleading statement or representation within the invoked statutory clauses. The Commission could not expand the enquiry beyond the pleaded allegations without proper notice, and the price and refund terms disclosed the relevant commercial terms, including interest on refund. The Court also found that the Commission had relied on subjective notions of fairness rather than the objective statutory test, amounting to non-application of mind and breach of natural justice. The finding of unfair trade practice was therefore unsustainable and was set aside. en-us Mon, 07 Sep 2015 00:00:00 +0530 Thu, 17 Dec 2015 21:42:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=269610 Booking and refund terms for car sales were held not to constitute an unfair trade practice under the Monopolies and Restrictive Trade Practices Act, 1969, because the allegations in the notice of enquiry did not establish any false or misleading statement or representation within the invoked statutory clauses. The Commission could not expand the enquiry beyond the pleaded allegations without proper notice, and the price and refund terms disclosed the relevant commercial terms, including interest on refund. The Court also found that the Commission had relied on subjective notions of fairness rather than the objective statutory test, amounting to non-application of mind and breach of natural justice. The finding of unfair trade practice was therefore unsustainable and was set aside. Case-Laws Indian Laws Mon, 07 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=269610