TMI Blog2018 (11) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) of the Act, nor are they part of the same production/ supply chain, i.e. under Section 3(4) of the Act. The facts disclosed in the instant case are purely a consumer/ contractual dispute, beyond the purview of the Act. The allegation of non-performance of the conditions of the Development Agreement, does not raise any competition concern as there is no Appreciable Adverse Effect on competition from the same. Further, dishonor of the cheques issued by the OPs and cancellation of development agreement, as alleged in the instant case, are not the mandate of the Commission - the facts disclosed in the instant case are purely a consumer/ contractual dispute, beyond the purview of the Act. The allegation of non-performance of the conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t No.1, a portion measuring 262 Sq. yards was sold to Mr. Vasudevarao by way of a registered sale deed. 3. The Informants have further submitted that the late husband of Informant No. 1 constructed a residential house on 1253 Sq. yards and left rest of the space as an open area appurtenant to the house and the Informants were living in that house. 4. It has been further averred that after the death of the husband of Informant No. 1, an issue cropped up among his heirs for partition of the property. In pursuance of the same, all the legal heirs decided to give the house property for construction of a new residential complex. Mr. Vasudevarao, owner of 262 Sq. yards of land, with a house thereon, also joined with the said legal heirs for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y after obtaining the permission, however, the slab of the 1st floor collapsed within no time, owing to the alleged sub-standard material which was utilized for laying such slab. Thus, the Informants have alleged that the OPs were constructing the residential complex using sub-standard materials. The Informants have also alleged that the OPs were not doing proper water curing to the construction already done and were also not permitting the landlords into the site to check the construction. 9. The Informants have further alleged that the OPs did not take any step to complete the construction for 3 years after getting the building permission. The Informants have further alleged that when the building permission was going to lapse on 17.12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es dated 01.02.2014, bearing No. 320163 for ₹ 7,25,000/- in favour of Informant No.1, Cheque No. 320171 for ₹ 16,25,000/- in favour of Informant No.2, Cheque No.320167 for ₹ 8,20,000/- in favour of Informant No.4, and Cheque No. 320166 for ₹ 8,00,000/- in favour of Informant No.5 and the rest of the amount was agreed to be paid on cash basis. But on presentation of the said Cheques by the respective Informants, these instruments were dishonoured for want of funds. The OPs also failed to pay the amount agreed to be paid by way of cash, as aforementioned. 12. The Informants have submitted that in the said Memorandum of understanding, dated 21.11.2013, it was categorically mentioned that if the cheques are dishonoure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opment Agreement. Further, the Informants have prayed that the OPs be directed to pay, apart from exemplary costs, value of flats, amount of goodwill and rent to the Informants as agreed between them. 17. The Commission has perused the information and the documents filed therewith and also considered the material available in the public domain. 18. At the outset, the Commission notes that though the Informant has alleged contravention of the provisions of Sections 3 of the Act, yet looking at the nature of the allegations, the provisions of Section 3 of the Act have no application to the present case as the Informants and the OPs are neither operating at the same level in the market, i.e Section 3(3) of the Act, nor are they part of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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