TaxTMI 
TaxTMI 
2017 (4) TMI 1653
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed cost at that point of time was to be 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 Rest....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s a sponsorship or approval or affiliation which such seller or supplier does not have; (vi) makes 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 p....
X X X X Extracts X X X X
X X X X Extracts X X X X
....elivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by the person who had caused 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 C....
X X X X Extracts X X X X
X X X X Extracts X X X X
....al raises or tends to raise or is intended to raise, the cost of those or other similar goods or services. 4. It will be noticed that "unfair trade practice" will fall under this Section only when "goods" or "the provision of any services" are involved. In particular, 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 stan....