| Citation(s) |
|---|
| 2018 SLG 461 2018 SLD 461 2018 CLD 404 |
File No. 190/OFT/GREENCITY/CCP/2015, decision Date : 21-12-2017. hearing Dates: 16th August, 2016, 18th January, 14th March and 21st December, 2017.
MESSRS GREEN FIELD DEVELOPERS (PRIVATE) LIMITED: IN THE MATTER OF
Law:
Section:
Competition Act (XIX of 2010)--- ----Ss. 10, 30, 37 & 38---Deceptive marketing practice---Allegation was that Developers marketing claim as contained in its advertisement for its housing project amounted to deceptive marketing practices through the distribution of false or misleading information to consumers and/or capable of harming the business interests of competitors, within the meaning and scope of S.10 of Competition Act, 2010---Developer's advertisement about location used the word 'Islamabad' suggestion and giving the consumer the impression that the said housing scheme was located in Islamabad and that it held some form of approval from Capital Development Authority---Project, on the contrary, was situated in District Attock---Developers had been approved only by Tehsil Municipal Authority---Developers had contended that project was located in front of New Islamabad International Airport and was linked to the Kashmir Highway, therefore housing scheme was also located within the domain of Islamabad International Airport---Developers had attempted to create an impression that since the airport was called the New Islamabad Airport---Usage of "Islamabad" with Housing Scheme also suggested that Developers had some form of permission from C.D.A., which certainly was not the case---Use of "Islamabad" in conjunction with Housing Scheme amounted to dissemination of false and misleading information to consumers in terms of S.10 of the Competition Act, 2010---Advertisement in question showed approvals from various government bodies---Developers had given the 'logos' of government bodies erroneously only on the pamphlets---Said practice was false and misleading as no approvals and certifications existed from those public departments---Commission, found that Developers by using various logos of public-sector departments and organizations on various marketing media for the project disseminated false and misleading information to consumers---False and misleading information disseminated by an undertaking to consumers would be capable of harming the business interest of competitors---Commission held that distribution of false and misleading information toβ¦
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