Khaini Hiro Rattanlal v. Spring time & Hospitality Services Pvt. Ltd.
Case brief
What is this about?
The Competition Commission of India received an information alleging abuse of dominant position regarding non-refund of club membership fees. The Commission found no prima facie case of contravention under the Act for simple non-refund policies adhering to advance notice and dismissed the matter for closure.
What did the court decide?
The information is closed and no directions are issued to the opposite party.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 40/2012
Dated : 26/0812012
IN THE MATTER OF:
Khaini Hiro Rattanlal
Informant
V.
Spring time & Hospitality Services Pvt. Ltd.
Opposite Party
ORDER UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002
The present information was filed by Khaini Hiro Rattanlal ('the informant') under section 19(1) of the Competition Act, 2002 ('the Act') against the Manager, Spring time & Hospitality Services Pvt. Ltd. ('the opposite party') for alleged contravention of section 4 of the Act.
- The informant is allegedly working with State Bank of India and the opposite party is running clubs and hospitality services in Mumbai and other parts of Maharashtra. The case of the informant is that in May 2011 he applied for 5 year short term membership in the Mumbai club of the opposite party. The total membership charges for the aforesaid period was Rs. 60,000/- plus service tax. The informant, at that time posted in Mumbai, obtained the membership in the opposite party's club by depositing a total sum of Rs. 46, 180/-.
Issues for consideration
2 issues framed by the court
Whether non-refund of a club membership fee under an advance notice constitutes a contravention of Section 4 of the Competition Act, 2002.
Whether a complainant seeking directions for refund of membership fee with interest is a suitable candidate for adjudication under the Competition Act.
Coram
Secretariat Bench of Competition Commission of India
Member (C S
Member (R
Case details
As recorded by the court registry
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