LAWS(COCI)-2014-4-5

TDI FUN REPUBLIC SHOP OWNER WELFARE ASSOCIATION Vs. M/S E-CITY PROPERTY MANAGEMENT & SERVICES PVT. LTD. E-CITY PROPERTY MANAGEMENT & SERVICES PVT. LTD. & OTHERS

Decided On April 02, 2014
Tdi Fun Republic Shop Owner Welfare Association Appellant
V/S
M/S E -City Property Management And Services Pvt. Ltd. E -City Property Management And Services Pvt. Ltd. And Others Respondents

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.