9911796707
TMI Blog2024 (11) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... tor & General Finance Ltd. ('OP-8'), Columbia Holdings Pvt. Ltd. ('OP-9'), MGF Metropolitan Mall & MGF Events Co. ('OP-10'), the Town and Country Planning through Director General ('OP-11'), Dakshin Haryana Bijli Vitran Nigam ('OP-12') and Haryana Electricity Regulatory Commission through Secretary ('OP-13') (OP-1 to OP-10 are referred to as the 'Opposite Parties'/'OPs'). Facts and Allegations as stated in the Information in brief 2. The Informants have averred that Metropolitan Mall, Gurugram ('Mall') has an area of about 2.97 lakhs square feet comprising both carpet area and joint common areas (about 89,865 square feet) which was constructed/developed by OP-1 either jointly or in association/partnership with other companies/persons namely OP-4 to 10 and others. OP-1 sold certain areas to various buyers for their retail shop business on super area basis consisting of joint common area. 3. The Informants run their business in the name and style of Indigo Metro and have purchased SF-33 and SF-34 in the Mall. The Informants also agreed to take on lease another shop, adjacent to SF-33 by letter of intent dated 21.04.2022. The conveyance deeds dated 19.04.2006 and 05.10.2007 execute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was done to create unfair trade practices and to bully the genuine shop owners in the same Mall and take over their joint common areas and use the same for the benefit of OP-1 to OP-6 in criminal conspiracy with OP-1 and their associates/partners from OP-7 to OP-10, and others. 7. The Informants have stated that the joint common areas of the Mall belong to retail owners in the Mall jointly and is indivisible. The retail purchasers such as the Informants have been paying the maintenance charges for the joint common areas since they purchased space on the basis of super areas. However, these common areas allegedly have been illegally encroached upon by OPs. These areas have been sold or rented out to third parties illegally by OPs in criminal conspiracy with its associates/partner companies leading to misappropriation of money collected out of the illegal sale/illegal rent/illegal hoarding and advertisements running into crores of rupees, taking advantage of their dominant position. One such sale transaction was carried out vide sale deed dated 16.06.2006. OP-1 and OP-2 have various associated companies/web of companies and carried out fraudulent transactions. When the Informants r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t agreement dated 15.03.2015 and event and parking management agreement dated 15.03.2015 were executed in favour of OP-2. The Informants have alleged that OP-2 in concert with OP-1 forced the retail shop owners to sign these agreements however, the Informants did not sign them and hence, the cause of their harassment. On 28.04.2022, the officials of OP-2 sought a meeting with the Informants and Informant No. 3 was threatened with dire consequences of disconnecting electricity, restraining ingress/egress, positioning guards etc. The Informants on the same date sent another notice and called upon OP-2 not to indulge in such acts. The Informants have alleged that OP-2, in retaliation, disconnected the electricity supply of the shop (SF-32), after receipt of legal notice dated 28.04.2022. The Informant No. 3 again filed a police complaint on 02.05.2022. OPs responded to the notice dated 03.01.2022 on 03.05.2022. OP-1 and OP-2 responded to legal notice dated 28.04.2022 on 04.05.2022 and inter alia, advised the Informants not to conduct their business unless dues are cleared. This was followed by a rejoinder dated 17.05.2022 by the Informants to notice dated 28.04.2022. 10. OP-2 abused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er international maintenance agency (Jones Lang Lasalle Building Operations Pvt. Ltd./JLL) does not charge for any contingency fund. The Informants have alleged that there is huge difference between the bills (maintenance and electricity charges) raised by OP-2 and other maintenance agencies. For example, the Informants have alleged that towards Common Area Maintenance (CAM), OP-2 charges Rs.39.89 per square feet [Rs.29.40/- as CAM along with illegal service fee @ 15% and GST 18%] as compared to JLL which charges Rs.27.47/- [Rs.23.28/- as CAM along with GST 18% only]. Similarly, electricity charges are imposed at the rate of Rs.13.03/- by OP-2 as against Rs.7.73/- being charged by JLL. 14. According to the Informants, under the Conveyance Deed, OPs ought to have given the liberty to the actual owners to form an association to carry out the maintenance work of the Mall including the supply of electricity. OP-2 is in violation of provisions of Electricity Supply Act. The Informants have added that there are about 115 retailers out of whom only 15 retailers/actual owners are doing their business and most of the owners have given the premises on rent who are least concerned about thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arge of the Mall till the final disposal of the present petition; 17.5. Restrain OPs from selling any area of the Mall including the food court located in the Mall to any third parties till the final disposal of the present complaint; and 17.6. Direct OP-11 (Director Town and Country Planning, Haryana) to confirm the actual sanctioned area of the Metropolitan Mall and how much of the joint common areas are encroached by OPs. 18. The Informants in the main Information have, inter alia, prayed the following: 18.1. Pass an order directing the Director General of Investigation of the Commission to investigate the matter thoroughly to see whether OPs have indulged in contravention of any of the provisions of the Act especially Sections 3(1), Section 3(2) Section 3(3)(b) read with Section 4(1), Section 4(2)(a)(i), Section 4(2)(b)(ii), and 4(2)(c) or any other relevant provisions of the Act; 18.2. Pass an order against OPs to cease and desist; 18.3. Direct the OPs to hand over the maintenance of the Mall to the actual owners as per existing Conveyance Deeds and Sale Deeds with the retail space of the Mall so that none of OPs shall have any control, direct or indirect or otherwi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commission notes from the information available in public domain that Metropolitan Mall is not the only mall situated in Gurugram and there are other malls situated in Gurugram and nearby areas. Thus, the Commission is of the view that the case does not merit any narrow delineation of relevant market for the purposes of Section 4 of the Act. As far as the alleged abuse is concerned, the Commission is of the view that the grievances of the Informants like payment of maintenance and electricity charges, rights and entitlement to joint common areas etc. are in the nature of contractual/civil issues/disputes. Further, the Informants have alleged that OPs are acting as a cartel. The Commission notes that the Informants have failed to demonstrate which similar trade or activity they are engaged in to fulfil requirements of horizontal relation as per Section 3(3) of the Act. The Commission also does not find any merit in the case for its examination under Section 3(4) of the Act. Thus, the Commission is of the view that no competition concerns seem to arise in the present matter given the nature of allegations and the alleged conduct of the parties so arrayed by the Informant. 23. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
