1. This is a case which relates to the respondent's making false and misleading claims in its advertisements for its project that the flats are available for immediate possession. It is admitted position by the respondent that although, at the time of advertisements, land was not obtained, the same has since been purchased, site-plan, layout plan are passed by the concerned authorities and construction is going to start soon. This has been fairly stated in the reply submitted by the respondent. It has also been averred that this is a matter of a misconception and is based on misunderstanding of certain grammatical expressions. The representative of the DG has forcefully rebutted this and asserted that the advertisements clearly indicate that two-rooms flats are available whereas the respondent had neither purchased the requisite plots nor obtained the necessary clearances and not even started construction on the said plot. Thus, in these circumstances, it is a clear-cut case of false and misleading representations by the respondent which amount to adoption of unfair and deceptive trade practices.
2. In view of the above, we find that this is a fit case where a ‘cease and desist’ order be issued against the respondent. Accordingly, the respondent is directed to ‘cease the aforesaid unfair trade practices and desist from indulging any such trade practices in future’. It is noted that there is no information as regards the issuance of any further advertisements by the respondent. The respondent is further directed to file an affidavit of compliance within three months from the date of receipt of the order.
Comments